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This is a Bill, not an Act. For current law, see the Acts databases.


PROSTITUTION BILL 2011

                    Western Australia


            Prostitution Bill 2011

                       CONTENTS


      Part 1 -- Preliminary
1.    Short title                                           2
2.    Commencement                                          2
3.    Terms used                                            2
4.    Prostitution                                          4
5.    Delegation of CEO's functions                         5
6.    Delegation of Commissioner's functions                5
7.    Service etc. of documents                             6
      Part 2 -- General provisions about
           prostitution
8.    Term used: public place                               7
9.    Seeking prostitute in or in view of or within
      hearing of public place                               7
10.   Seeking client in or in view or within hearing of
      public place                                          8
11.   Seeking to induce person to act as prostitute         9
12.   Refusal to take part in act of prostitution          10
13.   Client not to take part in, or negotiate, act of
      prostitution if no licence applies to place          10
14.   Persons not to be in prostitution business place
      unless licences of operator and manager, or
      self-employed prostitute, displayed                  11
15.   Prohibition on acts of prostitution with person in
      sexual servitude                                     12
16.   Promoting employment in prostitution industry        13
17.   Prohibition of certain sponsorships                  13




                         218--1                             page i
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Contents



               Part 3 -- Conducting a prostitution
                    business
      18.      Display of licence                                     15
      19.      Operator not to act as prostitute                      16
      20.      Operator or manager must be present                    16
      21.      Person acting as prostitute in prostitution business
               must be an employee or contractor                      16
      22.      Person acting as prostitute in prostitution business
               must be licensed or verify identity etc.               17
      23.      Manager not to act as prostitute on same shift         17
      24.      Prostitution business not to operate in licensed
               premises                                               17
      25.      Restrictions on alcohol                                18
      26.      Limit on number of prostitution businesses to be
               conducted in a place                                   18
      27.      Advertising, signage restrictions                      18
      28.      Obligations of operators and managers as to
               information about right of refusal                     20
      29.      Refusal to work as prostitute does not affect
               entitlements                                           20
               Part 4 -- Minimising risk of
                    acquiring, transmitting sexually
                    transmissible infections
      30.      Terms used                                             21
      31.      Suitable sheath must be provided, used in certain
               acts of prostitution                                   21
      32.      No representations as to STI infection status          22
      33.      Prohibition on certain acts of prostitution for
               persons with STI                                       23
      34.      Further minimising risk of STI acquisition,
               transmission                                           24
      35.      Obligations of operators and managers as to health
               information                                            24
               Part 5 -- Children
      36.      Causing, permitting or seeking to induce child to
               act as prostitute                                      26
      37.      Obtaining payment for prostitution by child            26


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                                                                Contents



38.   Agreement for prostitution by child                          26
39.   Prostitution in place where child present                    27
40.   Allowing child to be in place involving prostitution         27
41.   Obligations of prostitution business operators in
      relation to children                                         27
42.   Acting as prostitute for child                               28
43.   Child not to seek services of prostitute                     28
      Part 6 -- Licensing
      Division 1 -- Preliminary
44.   Terms used                                                   30
      Division 2 -- Licences required for certain
             activities involving prostitution
45.   Operators to be licensed                                     31
46.   Managers to be licensed                                      32
47.   Prostitutes to be licensed or to verify identity etc.
      for operator                                                 32
48.   Limiting numbers of licences that may be issued
      for areas, periods                                           32
      Division 3 -- Licence applications
49.   Application for operator's licence or renewal                33
50.   Application for manager's licence or renewal                 34
51.   Application for prostitute's licence or renewal              35
52.   Taking of fingerprints and palm prints                       36
53.   Further information relevant to application                  38
54.   Report of Commissioner                                       39
55.   Issue, renewal of operator's licence                         39
56.   One person may hold up to 3 operator's licences              42
57.   Issue, renewal of manager's licence                          42
58.   Issue, renewal of prostitute's licence                       44
59.   Reasons for refusal to issue, renew licence                  45
      Division 4 -- Licence conditions
60.   Conditions generally                                         46
61.   Condition as to change of location of business               46
62.   Conditions as to size of business                            47
63.   Conditions of operator's licences as to records to
      be kept                                                      47
64.   Conditions imposed by CEO                                    48
65.   Compliance with conditions                                   49


                                                                 page iii
Prostitution Bill 2011



Contents



               Division 5 -- Other matters about licences
      66.      Duration of licence                                   50
      67.      Licence not transferable                              50
      68.      Register of licence holders                           50
      69.      Inspection of register                                51
      70.      Licence document                                      52
      71.      CEO to be notified of certain matters affecting
               licences                                              52
               Division 6 -- Suspension or revocation of
                      licence
      72.      Powers of CEO                                         55
      73.      Suspension or revocation of a licence                 56
      74.      Notification of revoked licences                      58
      75.      Persons whose licence revoked not to work for
               prostitution business for 5 years                     59
               Division 7 -- Offences relating to licences
      76.      False or misleading information                       59
      77.      Offences in relation to determination under
               section 72                                            60
      78.      Incriminating information, questions or documents     61
               Division 8 -- Planning and development
                      controls
      79.      Terms used                                            61
      80.      Measurement of distances                              63
      81.      This Division does not affect licensing
               requirements                                          64
      82.      This Division overrides planning schemes,
               approvals                                             64
      83.      No prostitution businesses in residential areas       64
      84.      Prostitution businesses in non-residential areas      65
      85.      Prostitution businesses in non-residential areas in
               City of Perth inner zone                              65
      86.      Prostitution businesses in non-residential areas in
               rest of State                                         66
               Division 9 -- Governor's powers as to licences
                      in certain areas and licence applications
      87.      Terms used                                            68
      88.      No licence area order                                 68
      89.      Particular applicant order                            69


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                                                              Contents



90.    Effect of orders                                          70
91.    Orders not open to disallowance, challenge                70
       Part 7 -- Enforcement
       Division 1 -- Preliminary
92.    Term used: authorised person                              71
93.    Reasonable force                                          71
94.    Hindering performance of functions                        71
       Division 2 -- Information and reports
95.    Confidential police information                           71
96.    Commissioner's reports, opinions on licensing
       matters                                                   73
       Division 3 -- Authorised persons
97.    Authorised persons                                        73
98.    Identity cards                                            73
99.    Production or display of identity card                    74
100.   Limitation on powers of authorised person                 74
       Division 4 -- Enforcement powers
101.   Terms used                                                75
102.   Police officer, authorised person, may enter place
       for certain purposes                                      75
103.   Obstructing person exercising power under s. 102          76
104.   Powers to obtain information                              77
105.   Failure to comply with requirements under s. 104          79
106.   Police direction to move on                               80
107.   Detain, search and seize without warrant                  80
108.   Detain, search and seize with warrant                     81
109.   Warrant may be obtained remotely                          82
110.   Provisions about searching a person                       83
111.   Retaining something seized but not forfeited              85
112.   Forfeiture and delivery on conviction                     86
113.   Forfeiture and delivery other than on conviction          86
114.   Disposal of thing forfeited                               88
115.   Powers to assist seizing things                           88
       Division 5 -- Prohibition orders
116.   Terms used                                                88
117.   Commissioner may apply for prohibition orders             89
118.   Evidence in support of application                        89
119.   Relevant person to be given notice of application         90

                                                                page v
Prostitution Bill 2011



Contents



      120.     CEO may make prohibition orders                        90
      121.     Term of prohibition orders                             91
      122.     Applications to vary or revoke prohibition orders      92
      123.     Respondent to be given notice of application           92
      124.     CEO may vary or revoke prohibition orders              93
      125.     Notification of orders                                 93
      126.     Compliance with prohibition order                      94
               Division 6 -- Barring notices
      127.     Terms used                                              94
      128.     Barring notices by Commissioner                         95
               Division 7 -- Closure notices and closure orders
      129.     Terms used                                              96
      130.     Closure notice for interim closure of certain places    97
      131.     Requirements for issue of closure notice                97
      132.     Content of closure notice                               99
      133.     Service of closure notice                              100
      134.     Duration of closure notice                             100
      135.     Provisions about making closure order                  101
      136.     Term of closure order                                  102
      137.     Service of closure order                               103
      138.     Breach of closure notice, closure order                103
               Division 8 -- Restraining orders
      139.     Term used: restraining order                           103
      140.     Restraining order to prevent further offence           103
      141.     Restraining order against person who could be
               required to move on                                    104
      142.     Provisions about making the order                      104
      143.     Terms of restraining order                             104
      144.     Duration of restraining order                          105
      145.     Variation or cancellation                              106
      146.     Court to notify parties of decision                    107
      147.     When cancellation takes effect                         108
      148.     Provisions about children                              108
      149.     Order not to conflict with family order                109
      150.     Regulations relating to restraining order
               applications                                           109
      151.     Breach of restraining order                            110
               Division 9 -- Undercover officers
      152.     Undercover officers                                    110


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                                                              Contents



       Part 8 -- Review by State
            Administrative Tribunal
153.   Review                                                   112
       Part 9 -- Evidence
154.   Allegations in prosecution notices                       113
155.   Presumptions about intention                             113
156.   Presumptions about nature of advertisements              114
157.   Accused presumed to know if person is a child            114
158.   Person residing with child prostitute presumed to
       receive payment                                          114
159.   Accused presumed to have allowed presence of
       child                                                    115
160.   Presumptions about operating or managing
       prostitution business without licence                    115
161.   Presumptions about acting or operating as a
       prostitute without licence or without verifying
       identity etc. for operator                               116
162.   Certificate evidence about licences                      116
163.   Certificate that undercover officer was authorised       117
164.   Presumptions about authority to do certain things        117
165.   Possession of quantity of sheaths not evidence of
       offence                                                  118
       Part 10 -- Prostitution Account
166.   Prostitution Account                                     119
       Part 11 -- General provisions
167.   Prosecutions                                             121
168.   Issue of infringement notice to be preferred for
       first offences under s. 47(1)                            121
169.   Penalties for bodies corporate                           122
170.   Protection from liability                                122
171.   Exchange of information between State authorities        122
172.   Confidentiality                                          124
173.   Liability of managerial officer for offence by body
       corporate                                                124
174.   Liability of operator for offence by manager             125
175.   Regulations                                              125
176.   Review of Act                                            126

                                                               page vii
Prostitution Bill 2011



Contents



               Part 12 -- Repeals, transitional
                    provisions
               Division 1 -- Repeals
      177.     Prostitution legislation repealed                          127
               Division 2 -- Transitional provisions arising
                      from the enactment of the Prostitution
                      Act 2011
      178.     Terms used                                                 127
      179.     Duration of licences issued in first year                  127
      180.     Planning requirements as to existing prostitution
               businesses                                                 127
      181.     Licensing requirements for operators of existing
               prostitution businesses                                    130
      182.     Restraining orders                                         131
      183.     Undercover officers                                        132
               Part 13 -- Amendments to other Acts
      184.     Community Protection (Offender Reporting)
               Act 2004 amended                                           133
      185.     The Criminal Code amended                                  133
      186.     Criminal Property Confiscation Act 2000 amended            134
      187.     Evidence Act 1906 amended                                  134
      188.     Health Act 1911 amended                                    135
               Part XI -- Sexually transmissible infections and
                      disorders affecting the reproductive organs
               299.      Term used: STI                             136
      189.     Liquor Control Act 1988 amended                            137
      190.     Sentencing Act 1995 amended                                138
      191.     Western Australian College of Teaching Act 2004
               amended                                                    138
      192.     Workers' Compensation and Injury Management
               Act 1981 amended                                           139
               12A.      Exclusion of unauthorised prostitutes
                         other than minors and coerced persons      139
      193.     Working with Children (Criminal Record
               Checking) Act 2004 amended                                 141
      194.     Young Offenders Act 1994 amended                           141




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                             Prostitution Bill 2011



                                          Contents



Schedule 1 -- Offences relevant to
    granting, renewing operator's or
    manager's licence
Defined Terms




                                           page ix
                           Western Australia


                     LEGISLATIVE ASSEMBLY



                    Prostitution Bill 2011


                               A Bill for


An Act --
•  to make provisions about prostitution and for related purposes;
   and
•  to repeal the Prostitution Act 2000, the Prostitution Amendment
   Act 2008 and the Prostitution (Restraining Orders)
   Regulations 2000; and
•  to amend certain other Acts as a consequence of the enactment
   of this Act.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Prostitution Bill 2011
     Part 1            Preliminary

     s. 1



1                            Part 1 -- Preliminary
2    1.       Short title
3             This is the Prostitution Act 2011.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 -- on the day on which this Act
7                    receives the Royal Assent;
8              (b) the rest of the Act -- on a day fixed by proclamation,
9                    and different days may be fixed for different provisions.

10   3.       Terms used
11            In this Act, unless the contrary appears --
12            act as a prostitute means to take part, as a prostitute, in an act of
13            prostitution;
14            act of prostitution means anything the doing of which amounts
15            to prostitution;
16            CEO means the chief executive officer of the Department;
17            child means a person who is under 18 years of age;
18            client has the meaning given in section 4;
19            Commissioner means the person holding or acting in the office
20            of Commissioner of Police under the Police Act 1892;
21            confidential police information means any information or
22            document classified by the Commissioner as confidential under
23            section 95(1);
24            Department means the department of the Public Service
25            principally assisting the Minister in the administration of Part 6;
26            document includes any tape, disk or other device or medium on
27            which information is recorded or stored mechanically,
28            photographically, electronically or otherwise;




     page 2
                                                  Prostitution Bill 2011
                                            Preliminary           Part 1

                                                                    s. 3


1    dwelling means a place or a part of a place that is used as a
2    person's residence and it does not matter that it is from time to
3    time uninhabited;
4    in, in relation to a place, includes at or on the place;
5    licence means an operator's licence, a manager's licence, a
6    prostitute's licence (general) or a prostitute's licence
7    (self-employed);
8    licence holder means the holder of an operator's licence, a
9    manager's licence, a prostitute's licence (general) or a
10   prostitute's licence (self-employed);
11   manage, in relation to a prostitution business, means undertake
12   the immediate management, direction or control of the conduct
13   of the prostitution business;
14   manager means a person who manages a prostitution business;
15   manager's licence means a licence issued or renewed under
16   section 57;
17   operate, in relation to a prostitution business, means --
18      (a) whether alone or with others, own, operate or conduct
19            the prostitution business; or
20     (b) employ, engage, supervise or direct any person who
21            undertakes the immediate management, direction or
22            control of the conduct of the prostitution business; or
23      (c) employ, engage, supervise or direct any person who acts
24            as a prostitute for the prostitution business; or
25     (d) exercise or exert, or be in a position to exercise or exert,
26            control or substantial influence over the manner in
27            which the prostitution business is conducted;
28   operator means a person who operates a prostitution business;
29   operator's licence means a licence issued or renewed under
30   section 55;
31   owner, in relation to land, means each registered proprietor of
32   the land;



                                                                 page 3
     Prostitution Bill 2011
     Part 1            Preliminary

     s. 4


1             place means anywhere at all, and includes anywhere in or on
2             something that is moving or can move;
3             prescribed means prescribed by regulation;
4             prohibited drug has the meaning given in the Misuse of Drugs
5             Act 1981 section 3(1);
6             proprietary company has the meaning given in the
7             Corporations Act 2001 (Commonwealth) section 9;
8             prostitute has the meaning given in section 4;
9             prostitute's licence (general) means a licence of that name
10            issued or renewed under section 58;
11            prostitute's licence (self-employed) means a licence of that
12            name issued or renewed under section 58;
13            prostitution has the meaning given in section 4;
14            prostitution business means a business involving one or more
15            persons taking part in, or being available to take part in, acts of
16            prostitution whether the acts of prostitution take place in the
17            place in which the business is conducted or elsewhere;
18            self-employed prostitute means a person who solely owns,
19            operates and conducts a prostitution business in which --
20              (a) only that person takes part in acts of prostitution with
21                    clients of the business; and
22              (b) that person has full control over his or her individual
23                    earnings from taking part in acts of prostitution;
24            work includes to work under a contract of employment or a
25            contract for services.

26   4.       Prostitution
27            When this Act refers to prostitution it means prostitution in
28            which payment is consideration for the sexual stimulation of a
29            person (the client) by means of physical contact between the
30            client and another person (the prostitute), or between either of
31            them and anything controlled by or emanating from the other,
32            and it is irrelevant whether payment is in money or any other
33            form.

     page 4
                                                             Prostitution Bill 2011
                                                       Preliminary           Part 1

                                                                               s. 5


1    5.         Delegation of CEO's functions
2         (1)   The CEO may delegate to a person any power or duty of the
3               CEO under another provision of this Act.
4         (2)   The delegation must be in writing signed by the CEO.
5         (3)   A person to whom a power or duty is delegated under this
6               section cannot delegate that power or duty.
7         (4)   A person exercising or performing a power or duty that has been
8               delegated to the person under this section is to be taken to do so
9               in accordance with the terms of the delegation unless the
10              contrary is shown.
11        (5)   Nothing in this section limits the ability of the CEO to perform
12              a function through an officer or agent.

13   6.         Delegation of Commissioner's functions
14        (1)   The Commissioner may delegate to a person any power or duty
15              of the Commissioner under another provision of this Act except
16              a function given by section 95(1), 128 or 152(2).
17        (2)   However, the Commissioner may delegate the Commissioner's
18              functions --
19                (a) under section 95(1) or 152(2) to a police officer of or
20                     above the rank of Assistant Commissioner of Police; or
21                (b) under section 128 to a police officer of or above the rank
22                     of Inspector.
23        (3)   The delegation must be in writing signed by the Commissioner.
24        (4)   A person to whom a power or duty is delegated under this
25              section cannot delegate that power or duty.
26        (5)   A person exercising or performing a power or duty that has been
27              delegated to the person under this section is to be taken to do so
28              in accordance with the terms of the delegation unless the
29              contrary is shown.



                                                                            page 5
    Prostitution Bill 2011
    Part 1            Preliminary

    s. 7


1        (6)   Nothing in this section limits the ability of the Commissioner to
2              perform a function through an officer or agent.

3   7.         Service etc. of documents
4              If a provision of this Act requires that a notice or copy of an
5              order is to be given, served or sent the notice or copy of the
6              order may be given, served or sent in accordance with the
7              Interpretation Act 1984 section 76.




    page 6
                                                               Prostitution Bill 2011
                               General provisions about prostitution           Part 2

                                                                                 s. 8



1           Part 2 -- General provisions about prostitution
2    8.         Term used: public place
3               In this Part --
4               public place means --
5                 (a) any place to which the public, or any section of the
6                        public, have or are permitted to have access whether on
7                        payment or otherwise; or
8                 (b) a school, university or other place of education, other
9                        than a part of it to which neither students nor the public
10                       usually have access; or
11                (c) a privately owned place that is unoccupied or is
12                       occupied by a person who is not an owner of the place
13                       and does not have the authority of an owner.

14   9.         Seeking prostitute in or in view of or within hearing of
15              public place
16        (1)   A person must not, in or in the view or within hearing of a
17              public place, seek another person to act as a prostitute.
18        (2)   A person who contravenes subsection (1) is guilty of a crime if
19              the person whom the offender sought to act as a prostitute, or
20              any of them if there were more than one, was a child at the time
21              the offence was committed.
22              Penalty:
23                   (a) for a simple offence, imprisonment for 2 years;
24                   (b) for a crime, imprisonment for 14 years.
25        (3)   For the purposes of subsection (1), a person (the offender) seeks
26              another person to act as a prostitute if the offender --
27                (a) invites or requests another person to act as a prostitute;
28                      or




                                                                              page 7
     Prostitution Bill 2011
     Part 2            General provisions about prostitution

     s. 10


1                 (b)   loiters in or frequents a place for the purpose of, or with
2                       the intention of --
3                          (i) inviting or requesting another person to act as a
4                                prostitute; or
5                         (ii) receiving an invitation for another person to act
6                                as a prostitute.
7          (4)   It makes no difference --
8                   (a) whether or not the offender is the prospective client; or
9                   (b) whether or not a particular person is sought to act as a
10                      prostitute; or
11                  (c) whether the offender makes or intends to make the
12                      invitation or request directly or through someone else to,
13                      or intends to receive the invitation directly or through
14                      someone else from, the person whom the offender seeks
15                      to act as a prostitute.

16   10.         Seeking client in or in view or within hearing of public place
17         (1)   A person must not, in or in the view or within hearing of a
18               public place, seek another person to be a prostitute's client.
19               Penalty:
20                    (a) if the person whom the offender sought to be a
21                          prostitute's client, or any of them if there were more
22                          than one, was a child at the time the offence was
23                          committed, imprisonment for 3 years;
24                   (b) in any other case, imprisonment for one year.
25         (2)   For the purposes of subsection (1), a person (the offender) seeks
26               another person to be a prostitute's client if the offender --
27                 (a) invites or requests another person to be a prostitute's
28                       client; or
29                 (b) loiters in or frequents a place for the purpose of, or with
30                       the intention of --
31                         (i) inviting or requesting another person to be a
32                               prostitute's client; or

     page 8
                                                                 Prostitution Bill 2011
                                 General provisions about prostitution           Part 2

                                                                                  s. 11


1                         (ii)   receiving an invitation for another person to be a
2                                prostitute's client.
3          (3)   It makes no difference --
4                   (a) whether or not the offender, or any particular person, is
5                       the prospective prostitute; or
6                   (b) whether or not a particular person is sought to be a
7                       client; or
8                   (c) whether the offender makes or intends to make the
9                       invitation or request directly or through someone else to,
10                      or intends to receive the invitation directly or through
11                      someone else from, the person whom the offender seeks
12                      to be a prostitute's client.

13   11.         Seeking to induce person to act as prostitute
14         (1)   A person must not --
15                (a) assault or threaten to assault anyone; or
16                (b) intimidate anyone; or
17                (c) supply or offer to supply to anyone a prohibited drug; or
18                (d) make a false representation or use any false pretence or
19                      other fraudulent means; or
20                (e) use any power or authority arising out of --
21                         (i) any occupational or vocational position held by
22                              the person; or
23                        (ii) any relationship existing, or that used to exist,
24                              between the person and anyone;
25                      or
26                 (f) make an accusation or disclosure (whether true or
27                      false) --
28                         (i) of any offence committed by anyone; or
29                        (ii) of any other misconduct that is likely to damage
30                              seriously the reputation of anyone; or
31                       (iii) that anyone is unlawfully in Australia;


                                                                               page 9
     Prostitution Bill 2011
     Part 2            General provisions about prostitution

     s. 12


1                        or
2                 (g)    do anything else, or refrain from doing anything,
3                with the intention of inducing another person who is not a child
4                to act, or continue to act, as a prostitute or to surrender the
5                proceeds of acting as a prostitute.
6          (2)   A person who contravenes subsection (1) is guilty of a crime.
7                Penalty: imprisonment for 10 years.
8                Summary conviction penalty: imprisonment for 3 years.

9    12.         Refusal to take part in act of prostitution
10         (1)   Despite anything in a contract to take part in an act of
11               prostitution, a person may, at any time, refuse to take part in, or
12               to continue to take part in, an act of prostitution.
13         (2)   The fact that a person has entered into a contract to take part in
14               an act of prostitution does not of itself constitute consent for the
15               purposes of the criminal law if he or she does not consent, or
16               withdraws his or her consent, to taking part in a sexual act.
17         (3)   Nothing in this section affects a right (if any) to rescind or
18               cancel, or to recover damages for, a contract for taking part in
19               an act of prostitution that is not undertaken.

20   13.         Client not to take part in, or negotiate, act of prostitution if
21               no licence applies to place
22         (1)   A person must not, as a client, take part in an act of prostitution
23               in a place which the person knows or could be reasonably
24               expected to know --
25                 (a) is not a place to which a current operator's licence
26                       applies; or
27                 (b) is not a place to which a current prostitute's licence
28                       (self-employed) applies.




     page 10
                                                                Prostitution Bill 2011
                                General provisions about prostitution           Part 2

                                                                                 s. 14


1                Penalty:
2                    (a) if the person was not a child at the time the offence
3                         was committed --
4                           (i) for a first offence, a fine of $6 000;
5                          (ii) for a second or subsequent offence, a fine of
6                                $6 000 or imprisonment for one year;
7                    (b) if the person was a child at the time the offence was
8                         committed, a fine of $2 000.
9          (2)   A person must not, in any place, enter into, or offer to enter into,
10               an agreement under which the person would take part, as a
11               client, in an act of prostitution in a place which the person
12               knows or could be reasonably expected to know --
13                 (a) is not a place to which a current operator's licence
14                        applies; or
15                 (b) is not a place to which a current prostitute's licence
16                        (self-employed) applies.
17               Penalty:
18                    (a) if the person was not a child at the time the offence
19                           was committed --
20                              (i) for a first offence, a fine of $6 000;
21                             (ii) for a second or subsequent offence, a fine of
22                                   $6 000 or imprisonment for one year;
23                    (b) if the person was a child at the time the offence was
24                           committed, a fine of $2 000.

25   14.         Persons not to be in prostitution business place unless
26               licences of operator and manager, or self-employed
27               prostitute, displayed
28         (1)   A person must not enter or remain in a place in which the
29               person knows or could be reasonably expected to know that a
30               prostitution business is being conducted unless --
31                 (a) the person knows, or it is reasonable for the person to
32                       assume, that each of section 18(1), (2) or (4), as is
33                       relevant to the case, is being complied with; or

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     Prostitution Bill 2011
     Part 2            General provisions about prostitution

     s. 15


1                 (b)   the person has a lawful excuse for entering or remaining
2                       in the place.
3                Penalty:
4                    (a) for a first offence, a fine of $6 000;
5                    (b) for a second or subsequent offence, a fine of $6 000
6                           or imprisonment for one year.
7          (2)   Without limiting subsection (1)(b), a person has a lawful excuse
8                for entering or remaining in a place in which a prostitution
9                business is being conducted if the person does so on behalf of
10               an organisation that provides support, health services, education
11               and information to people working in the prostitution industry.

12   15.         Prohibition on acts of prostitution with person in sexual
13               servitude
14         (1)   A person must not take part in an act of prostitution as a client if
15               the prostitute is being compelled by another person to take part
16               in the act of prostitution.
17         (2)   A person who contravenes subsection (1) is guilty of a crime if
18               the person knows or could be reasonably expected to know that
19               the prostitute is being compelled to take part in the act of
20               prostitution.
21               Penalty:
22                    (a) for a simple offence, imprisonment for 2 years;
23                    (b) for a crime --
24                             (i) if the prostitute was a child or an incapable
25                                   person at the time the offence was committed,
26                                   imprisonment for 20 years;
27                            (ii) otherwise, imprisonment for 14 years.




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                                General provisions about prostitution           Part 2

                                                                                 s. 16


1          (3)   In subsection (2) --
2                incapable person means a person who, because of intellectual
3                disability, mental illness, brain damage or senility, is
4                incapable --
5                  (a) of understanding the nature and effect of an act of
6                        prostitution; or
7                  (b) of guarding himself or herself against sexual
8                        exploitation.

9    16.         Promoting employment in prostitution industry
10               A person must not publish or cause to be published a statement
11               that is intended or likely to induce a person to seek to --
12                 (a) work as, or act as, a prostitute; or
13                 (b) work in any other capacity for a prostitution business.
14               Penalty: a fine of $50 000.

15   17.         Prohibition of certain sponsorships
16         (1)   In this section --
17               sponsorship includes --
18                 (a) a scholarship, prize, gift or other like benefit; and
19                 (b) any financial arrangement (other than a bona fide
20                        contract of employment or a bona fide contract for
21                        services) for directly promoting or publicising a person
22                        or business as referred to in subsection (2)(a) or (b)
23                        through any medium.
24         (2)   A person must not, in this State, promote or publicise, or agree
25               to promote or publicise --
26                 (a) any person as a prostitute; or
27                 (b) any prostitution business,
28               under a contract, or an arrangement (whether or not legally
29               binding), under which a sponsorship is provided, or to be
30               provided, by another person.
31               Penalty: a fine of $50 000.

                                                                             page 13
    Prostitution Bill 2011
    Part 2            General provisions about prostitution

    s. 17


1      (3)    A person (whether inside or outside this State) must not provide,
2             or agree to provide, in this State a sponsorship under a contract
3             or arrangement of a kind referred to in subsection (2).
4             Penalty: a fine of $50 000.




    page 14
                                                                Prostitution Bill 2011
                                   Conducting a prostitution business           Part 3

                                                                                 s. 18



1                Part 3 -- Conducting a prostitution business
2    18.          Display of licence
3          (1)    Each operator of a prostitution business that is being conducted
4                 in a place must ensure that the current licence of each operator
5                 of the business or a certified copy of the licence is displayed in
6                 the place --
7                   (a) so that it is visible to a person on entering the place; and
8                   (b) at all times during which the business is being
9                         conducted in the place, whether or not the, or any other,
10                        operator is in the place.
11                Penalty: a fine of $12 000.
12         (2)    A manager of a prostitution business that is being conducted in
13                a place must ensure that the manager's current licence or a
14                certified copy of the licence is displayed in the place when the
15                manager is managing the business so that it is visible to a person
16                on entering the place.
17                Penalty: a fine of $12 000.
18         (3)    Subsections (1) and (2) do not apply to a self-employed
19                prostitute.
20         (4)    A self-employed prostitute must ensure that his or her current
21                prostitute's licence (self-employed) or a certified copy of the
22                licence is displayed in the place to which the licence applies
23                when the person is conducting the business in the place so that it
24                is visible to a person on entering the place.
25                Penalty: a fine of $2 000.
26         (5)    Subsection (4) applies whether or not another self-employed
27                prostitute conducts a prostitution business in the same place.
28         (6)    A person must not alter or deface a licence.
29                Penalty: a fine of $12 000.




                                                                             page 15
     Prostitution Bill 2011
     Part 3            Conducting a prostitution business

     s. 19


1    19.         Operator not to act as prostitute
2          (1)   An individual who is an operator of a prostitution business must
3                not take part in, or be available to take part in, an act of
4                prostitution whether for the prostitution business or otherwise.
5                Penalty: a fine of $50 000.
6          (2)   Subsection (1) does not apply to a self-employed prostitute.

7    20.         Operator or manager must be present
8          (1)   A person who operates a prostitution business must ensure that
9                either an operator of the business who is an individual, or a
10               manager of the business, is present in the place in which the
11               business is conducted at all times during which the place is open
12               for business.
13               Penalty:
14                    (a) for a first offence, a fine of $24 000;
15                    (b) for a second or subsequent offence, imprisonment for
16                          3 years.
17         (2)   A person who manages a prostitution business must be in the
18               place in which the business is conducted at all times during
19               which the person is managing the business.
20               Penalty:
21                    (a) for a first offence, a fine of $24 000;
22                    (b) for a second or subsequent offence, imprisonment for
23                         3 years.

24   21.         Person acting as prostitute in prostitution business must be
25               an employee or contractor
26               A person who operates or manages a prostitution business must
27               ensure that a person (the prostitute) does not act as a prostitute
28               for the business unless --
29                 (a) the prostitute has entered into a contract of service with,
30                       or been engaged to work for the purposes of the business


     page 16
                                                         Prostitution Bill 2011
                            Conducting a prostitution business           Part 3

                                                                          s. 22


1                 under a contract for services by, a person who operates
2                 the business; and
3           (b) whenever acting as a prostitute for the business, the
4                 prostitute is acting in the course of his or her
5                 employment or engagement under that contract.
6          Penalty: a fine of $50 000.

7    22.   Person acting as prostitute in prostitution business must be
8          licensed or verify identity etc.
9          A person who operates or manages a prostitution business must
10         ensure that a person (the prostitute) does not act as a prostitute
11         for the business unless --
12           (a) the prostitute holds a current prostitute's licence
13                 (general); or
14           (b) an operator of the business is satisfied, and has
15                 reasonable grounds to be satisfied --
16                    (i) as to the prostitute's identity; and
17                   (ii) that the prostitute has reached 18 years of age;
18                         and
19                  (iii) that the prostitute is either an Australian citizen
20                         or is permanently resident in Australia.
21         Penalty: a fine of $50 000.

22   23.   Manager not to act as prostitute on same shift
23         A person who holds a manager's licence and a prostitute's
24         licence (general) must not manage a prostitution business during
25         any period in which the person takes part in, or is available to
26         take part in, an act of prostitution for the prostitution business.
27         Penalty: a fine of $50 000.

28   24.   Prostitution business not to operate in licensed premises
29         A person must not operate a prostitution business in licensed
30         premises as defined in the Liquor Control Act 1988 section 3(1).
31         Penalty: a fine of $50 000.

                                                                      page 17
     Prostitution Bill 2011
     Part 3            Conducting a prostitution business

     s. 25


1    25.         Restrictions on alcohol
2                A person who operates or manages a prostitution business must
3                ensure that --
4                  (a) alcohol is not available for consumption by any client of
5                        the business; and
6                  (b) no client is permitted to bring alcohol to a place in
7                        which the business is conducted.
8                Penalty: a fine of $50 000.

9    26.         Limit on number of prostitution businesses to be conducted
10               in a place
11               A self-employed prostitute must not conduct his or her
12               prostitution business in a place if --
13                 (a) a prostitution business other than that of another
14                       self-employed prostitute is conducted in the place; or
15                 (b) more than one other self-employed prostitute conducts a
16                       prostitution business in the place.
17               Penalty: a fine of $50 000.

18   27.         Advertising, signage restrictions
19         (1)   A person must not publish, place, or seek to place, an
20               advertisement --
21                 (a) for a prostitution business; or
22                 (b) to the effect that a particular person is available to act as
23                       a prostitute,
24               unless the advertisement is permitted under subsection (2) and
25               whichever of subsection (3) or (4) that applies in the case.
26               Penalty: a fine of $50 000.
27         (2)   An advertisement is permitted if it --
28                (a) appears on a webpage, in a directory or in the classified
29                     advertisement section of a newspaper or periodical; and



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                             Conducting a prostitution business           Part 3

                                                                           s. 27


1           (b)    does not contain the number for any mobile telephone;
2                  and
3            (c)   is in accordance with the regulations.
4    (3)   An advertisement for a prostitution business other than that of a
5          self-employed prostitute is permitted if it displays the licence
6          number of an operator of the business.
7    (4)   An advertisement for one or 2 self-employed prostitutes is
8          permitted if it displays the licence number of each
9          self-employed prostitute who is the subject of the advertisement.
10   (5)   It is a defence to a charge of an offence under subsection (1) for
11         the accused to prove that he or she believed on reasonable
12         grounds that the advertisement that is the subject of the charge
13         was not, as is applicable in the case --
14            (a) for a prostitution business; or
15            (b) to the effect that a particular person is available to act as
16                  a prostitute.
17   (6)   Subsection (5) --
18          (a) applies to an accused who is alleged to have published
19                the advertisement that is the subject of the charge; but
20          (b) does not apply to an accused who is alleged to have
21                placed, or to have sought to place, the advertisement that
22                is the subject of the charge.
23   (7)   The regulations may provide for the following matters --
24          (a) the content (whether statements, words or images) that
25                cannot be the subject of, or must be included in --
26                   (i) advertisements mentioned in subsection (1); or
27                  (ii) signs for prostitution businesses;
28          (b) the dimensions and colour of advertisements mentioned
29                in subsection (1) that appear in a directory or in the
30                classified advertisement section of a newspaper or
31                periodical;



                                                                       page 19
     Prostitution Bill 2011
     Part 3            Conducting a prostitution business

     s. 28


1                  (c)   the location, display, dimensions and colour of, and
2                        material constituting, signs for prostitution businesses;
3                 (d)    the colour of, and other means of attracting attention in
4                        relation to, buildings in which prostitution businesses
5                        are conducted.
6          (8)   If there is any inconsistency between a local planning scheme as
7                defined in the Planning and Development Act 2005 section 4(1)
8                and a regulation mentioned in subsection (7), the regulation
9                prevails to the extent of the inconsistency.
10         (9)   Nothing in this section affects the operation of the Local
11               Government Act 1995 section 3.7.

12   28.         Obligations of operators and managers as to information
13               about right of refusal
14               A person who operates or manages a prostitution business must
15               ensure that information is displayed prominently in the place in
16               which the business is conducted regarding the right of a
17               prostitute to refuse to take part in, or continue to take part in, an
18               act of prostitution.
19               Penalty: a fine of $12 000.

20   29.         Refusal to work as prostitute does not affect entitlements
21         (1)   In this section --
22               refuse means refuse to take part in acts of prostitution in
23               general, rather than a refusal to take part in a particular act of
24               prostitution or at a particular time.
25         (2)   A person's entitlements under the Workers' Compensation and
26               Injury Management Act 1981 may not be lost or affected in any
27               way by his or her being capable of working as a prostitute if he
28               or she refuses to do, or to continue to do, that kind of work.




     page 20
                                                                  Prostitution Bill 2011
     Minimising risk of acquiring, transmitting sexually transmissible            Part 4
                                                             infections

                                                                                  s. 30


1      Part 4 -- Minimising risk of acquiring, transmitting
2               sexually transmissible infections
3    30.         Terms used
4                In this Part --
5                bodily fluid means semen, vaginal secretions, saliva or blood;
6                sheath means a condom, dam or other physical barrier that --
7                  (a) prevents the transmission of bodily fluid from one
8                         person to another; and
9                  (b) meets the prescribed standards (if any);
10               STI means a prescribed sexually transmissible infection or a
11               prescribed blood borne virus;
12               STI-risk contact means any of the following --
13                 (a) direct contact between any part of the genital or anal
14                        area of one person and any part of the genital or anal
15                        area of another person;
16                 (b) direct contact between the genital or anal area of one
17                        person and the mouth area (including the lips or tongue)
18                        of another person.

19   31.         Suitable sheath must be provided, used in certain acts of
20               prostitution
21         (1)   For the purposes of this section, a sheath is suitable for
22               particular kind of STI-risk contact if it is designed to prevent the
23               bodily fluid of a person having that kind of contact from going
24               on to any part of the body of another person.
25         (2)   A person must not take part in an act of prostitution that
26               involves a particular kind of STI-risk contact without using a
27               sheath that is suitable for that kind of contact.
28               Penalty: a fine of $10 000.




                                                                               page 21
     Prostitution Bill 2011
     Part 4            Minimising risk of acquiring, transmitting sexually transmissible
                       infections

     s. 32

1          (3)   Each person who operates or manages a prostitution business
2                must ensure that there is issued, free of charge, to each
3                prostitute working for the business and to each client sheaths --
4                  (a) that are suitable for each particular kind of STI-risk
5                        contact that may be involved in acts of prostitution in
6                        which that prostitute and client take part; and
7                  (b) in sufficient quantity to ensure that a suitable sheath is
8                        available to be used for each particular kind of STI-risk
9                        contact that may be involved in acts of prostitution in
10                       which that prostitute and client take part.
11               Penalty: a fine of $12 000.
12         (4)   Each person who operates or manages a prostitution business
13               must ensure that all reasonable steps are taken to prevent a
14               prostitute working for the business taking part in an act of
15               prostitution that involves a particular kind of STI-risk contact
16               unless the prostitute uses a sheath that is suitable for that kind of
17               contact.
18               Penalty: a fine of $12 000.
19         (5)   Subsections (3) and (4) do not apply to a self-employed
20               prostitute.

21   32.         No representations as to STI infection status
22         (1)   A person must not, for the purpose of taking part in an act of
23               prostitution, state or imply that a medical examination of that
24               person means that he or she is not infected, or is not likely to be
25               infected, with an STI.
26               Penalty: a fine of $10 000.
27         (2)   A person who operates a prostitution business must ensure that
28               no person working for the business states or implies that a
29               medical examination of a prostitute working for the business
30               means that the prostitute is not infected, or is not likely to be
31               infected, with an STI.
32               Penalty: a fine of $12 000.


     page 22
                                                                  Prostitution Bill 2011
     Minimising risk of acquiring, transmitting sexually transmissible            Part 4
                                                             infections

                                                                                  s. 33

1          (3)   A person who manages a prostitution business must not state or
2                imply that a medical examination of a prostitute working for the
3                business means that the prostitute is not infected, or is not likely
4                to be infected, with an STI.
5                Penalty: a fine of $12 000.
6          (4)   Subsection (1) applies to a self-employed prostitute but
7                subsections (2) and (3) do not.

8    33.         Prohibition on certain acts of prostitution for persons with
9                STI
10         (1)   A person who knows, or could reasonably be expected to know,
11               that he or she has an STI must not take part in an act of
12               prostitution involving STI-risk contact.
13               Penalty:
14                    (a) for a first offence, a fine of $20 000;
15                    (b) for a second or subsequent offence, imprisonment for
16                           3 years.
17         (2)   A person must not permit or encourage another person to act as
18               a prostitute and engage in an act of prostitution involving
19               STI-risk contact if the first-mentioned person knows, or could
20               reasonably be expected to know, that the other person has an
21               STI.
22               Penalty:
23                    (a) for a first offence, a fine of $20 000;
24                    (b) for a second or subsequent offence, imprisonment for
25                          3 years.
26         (3)   It is a defence to a charge of an offence under subsection (2) for
27               the accused to prove that he or she exercised all due diligence as
28               ought to have been exercised having regard to the nature of the
29               accused's functions in a prostitution business and to all the
30               circumstances to prevent a person whom the accused knows, or
31               could reasonably be expected to know, has an STI, from acting
32               as a prostitute for the prostitution business.


                                                                               page 23
     Prostitution Bill 2011
     Part 4            Minimising risk of acquiring, transmitting sexually transmissible
                       infections

     s. 34

1          (4)   For the purposes of subsection (1) and (2) it makes no
2                difference whether or not a sheath is used in the act of
3                prostitution involving STI-risk contact.

4    34.         Further minimising risk of STI acquisition, transmission
5          (1)   A person who takes part in an act of prostitution must take all
6                other reasonable steps to minimise the risk of acquiring or
7                transmitting an STI.
8                Penalty: a fine of $10 000.
9          (2)   Each person who operates or manages a prostitution business
10               must ensure that all other reasonable steps are taken to minimise
11               the risk of a prostitute working for the business, or in the case of
12               a self-employed prostitute, himself or herself, or a client of the
13               business acquiring or transmitting an STI.
14               Penalty:
15                     (a) if the person is a self-employed prostitute, a fine of
16                           $10 000;
17                    (b) otherwise, a fine of $12 000.

18   35.         Obligations of operators and managers as to health
19               information
20         (1)   In this section --
21               health information means information --
22                 (a) about minimising the risk of acquiring or transmitting
23                        STIs and the treatment of STIs; and
24                 (b) that has been provided or recommended by the
25                        department of the Public Service principally assisting in
26                        the administration of the Health Act 1911 or an Act that
27                        repeals and substantially replaces that Act.
28         (2)   Each person who operates or manages a prostitution business --
29                (a) must ensure that all reasonable steps are taken to give
30                      health information (whether oral or written) to clients of
31                      the business; and


     page 24
                                                                 Prostitution Bill 2011
    Minimising risk of acquiring, transmitting sexually transmissible            Part 4
                                                            infections

                                                                                 s. 35

1               (b) except in the case of a self-employed prostitute, must
2                   ensure that all reasonable steps are taken to give health
3                   information (whether oral or written) to prostitutes
4                   working for the business; and
5              (c) must ensure that health information is displayed
6                   prominently in the place in which the business is
7                   conducted.
8            Penalty: a fine of $10 000.




                                                                              page 25
     Prostitution Bill 2011
     Part 5            Children

     s. 36



1                                 Part 5 -- Children
2    36.         Causing, permitting or seeking to induce child to act as
3                prostitute
4          (1)   A person must not cause or permit a child to act, or continue to
5                act, as a prostitute.
6          (2)   A person must not do anything with the intention of inducing a
7                child to act, or continue to act, as a prostitute.
8          (3)   A person who contravenes subsection (1) or (2) is guilty of a
9                crime.
10               Penalty: imprisonment for 14 years.

11   37.         Obtaining payment for prostitution by child
12         (1)   A person must not receive a payment, in money or any other
13               form, knowing that it or any part of it has been derived, directly
14               or indirectly, from a child taking part in an act of prostitution,
15               whether as a prostitute or as a client.
16         (2)   A person who contravenes subsection (1) is guilty of a crime.
17               Penalty: imprisonment for 14 years.
18         (3)   It is a defence to a charge of an offence under subsection (1) for
19               the accused to prove that the payment was received in the
20               ordinary course of a business unrelated to prostitution.

21   38.         Agreement for prostitution by child
22         (1)   A person must not enter into, or offer to enter into, an
23               agreement under which a child is to act as a prostitute, whether
24               for that person or anyone else.
25         (2)   A person who contravenes subsection (1) is guilty of a crime.
26               Penalty: imprisonment for 14 years.




     page 26
                                                                Prostitution Bill 2011
                                                             Children           Part 5

                                                                                 s. 39


1    39.         Prostitution in place where child present
2          (1)   A person must not take part, whether as a prostitute or as a
3                client, in an act of prostitution in a place where the person
4                knows that a child is present.
5                Penalty:
6                     (a) for a first offence, a fine of $24 000;
7                     (b) for a second or subsequent offence, imprisonment for
8                            3 years.
9          (2)   For the purposes of subsection (1), the place extends as far as
10               the limits up to which either a prostitute or a client taking part in
11               the act of prostitution exercises, or is able to exercise, control
12               over who is allowed to be there.
13         (3)   It makes no difference whether control is, or is able to be,
14               exercised solely or in common with others.

15   40.         Allowing child to be in place involving prostitution
16               A person must not allow a child to enter or remain in a place in
17               which the person knows or could be reasonably expected to
18               know --
19                 (a) an act of prostitution is, or may be, taking place; or
20                (b) a prostitution business is being conducted.
21               Penalty:
22                    (a) for a first offence, a fine of $24 000;
23                    (b) for a second or subsequent offence, imprisonment for
24                         3 years.

25   41.         Obligations of prostitution business operators in relation to
26               children
27         (1)   A person who operates a prostitution business must ensure that
28               a child does not work as a prostitute for the business.




                                                                              page 27
     Prostitution Bill 2011
     Part 5            Children

     s. 42


1          (2)   A person who contravenes subsection (1) is guilty of a crime.
2                Penalty: imprisonment for 5 years.
3                Summary conviction penalty: imprisonment for 3 years.
4          (3)   A person who operates or manages a prostitution business must
5                ensure that no child is present in a place at which an act of
6                prostitution is, or may be, taking place for the business.
7                Penalty:
8                     (a) for a first offence, a fine of $24 000;
9                     (b) for a second or subsequent offence, imprisonment for
10                          3 years.

11   42.         Acting as prostitute for child
12               A person must not act as a prostitute for a client who is a child.
13               Penalty: imprisonment for 9 months.

14   43.         Child not to seek services of prostitute
15         (1)   A child must not seek another person to act as a prostitute.
16               Penalty: a fine of $2 000.
17         (2)   For the purposes of subsection (1), a child seeks another person
18               to act as a prostitute if the child --
19                 (a) invites or requests another person to act as a prostitute;
20                       or
21                 (b) loiters in or frequents a place for the purpose of, or with
22                       the intention of --
23                          (i) inviting or requesting another person to act as a
24                               prostitute; or
25                         (ii) receiving an invitation for another person to act
26                               as a prostitute.
27         (3)   It makes no difference --
28                  (a) whether or not the child is the prospective client; or



     page 28
                                               Prostitution Bill 2011
                                            Children           Part 5

                                                                s. 43


1   (b)   whether or not a particular person is sought to act as a
2         prostitute; or
3   (c)   whether the child makes or intends to make the
4         invitation or request directly or through someone else to,
5         or intends to receive the invitation directly or through
6         someone else from, the person whom the child seeks to
7         act as a prostitute.




                                                            page 29
     Prostitution Bill 2011
     Part 6            Licensing
     Division 1        Preliminary
     s. 44



1                              Part 6 -- Licensing
2                            Division 1 -- Preliminary
3    44.       Terms used
4              In this Part --
5              health and drug management plan, in relation to a prostitution
6              business or a proposed prostitution business, means a document
7              setting out --
8                (a) the steps that will be taken to minimise the risk of any
9                       prostitute working for the business, and any client of the
10                      business, acquiring or transmitting an STI as defined in
11                      section 30; and
12               (b) how it is proposed to prevent, monitor and deal with the
13                      use of prohibited drugs in the place in which the
14                      business is conducted;
15             incapable person means a person who, because of intellectual
16             disability, mental illness, brain damage or senility --
17               (a) is incapable of understanding the nature and effect of an
18                      act of prostitution; or
19               (b) is incapable of guarding himself or herself against
20                      sexual exploitation; or
21               (c) in relation to a pending charge against an accused
22                      person, is incapable of understanding the nature of the
23                      act that is the subject of the charge;
24             officer, in relation to a company, means a person who is a
25             director, secretary or shareholder of the company;
26             responsible planning authority, in relation to a place, means the
27             responsible planning authority, as defined in section 79, for the
28             planning scheme, as defined in that section, that applies to the
29             place.




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                                                               Licensing             Part 6
           Licences required for certain activities involving prostitution      Division 2
                                                                                       s. 45



1                Division 2 -- Licences required for certain activities
2                              involving prostitution
3    45.           Operators to be licensed
4          (1)     A person who is an individual must not operate a prostitution
5                  business in a place unless --
6                    (a) he or she holds a current operator's licence for the
7                         business and the licence applies to the place; and
8                   (b) each other individual with whom the person operates the
9                         business holds a current operator's licence for the
10                        business and the licence applies to the place.
11                 Penalty: a fine of $50 000 or imprisonment for 3 years.
12         (2)     Subsection (1) does not apply to a self-employed prostitute.
13         (3)     It is a defence to a charge of an offence under subsection (1) for
14                 the accused to prove that at the time the accused was operating
15                 the prostitution business at the place --
16                    (a) the accused was an officer of a company; and
17                    (b) the company held a current operator's licence for the
18                          business and the licence applied to the place.
19         (4)     A company must not operate a prostitution business in a place
20                 unless --
21                   (a) it is a proprietary company; and
22                  (b) all of its officers are individuals; and
23                   (c) either --
24                           (i) it is the sole operator of the business; or
25                          (ii) it operates the business with no person other than
26                                 an officer of the company;
27                          and
28                  (d) it holds a current operator's licence for the business and
29                        the licence applies to the place.
30                 Penalty: a fine of $250 000.


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     Prostitution Bill 2011
     Part 6            Licensing
     Division 2        Licences required for certain activities involving prostitution
     s. 46


1    46.         Managers to be licensed
2          (1)   A person must not manage a prostitution business unless he or
3                she holds a current manager's licence.
4                Penalty: a fine of $50 000 or imprisonment for 3 years.
5          (2)   Subsection (1) does not apply to a self-employed prostitute.

6    47.         Prostitutes to be licensed or to verify identity etc. for
7                operator
8          (1)   A person who has reached 18 years of age must not act as a
9                prostitute in a place unless --
10                 (a) a current operator's licence applies to the place and
11                       either --
12                          (i) the person holds a current prostitute's licence
13                                (general); or
14                         (ii) there has been compliance with section 22(b) in
15                                respect of the person;
16                       or
17                 (b) the person holds a current prostitute's licence
18                       (self-employed) and the licence applies to the place.
19               Penalty: a fine of $6 000.
20         (2)   A self-employed prostitute must not operate a prostitution
21               business in a place unless he or she holds a current prostitute's
22               licence (self-employed) for the business and the licence applies
23               to the place.
24               Penalty: a fine of $6 000.

25   48.         Limiting numbers of licences that may be issued for areas,
26               periods
27               The regulations may provide for --
28                (a) the maximum number of each kind of licence that can be
29                      issued whether generally or for a particular area of the
30                      State or during a particular period; and


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                                                          Licensing            Part 6
                                                Licence applications      Division 3
                                                                                 s. 49


1                 (b)    the procedure for determining which persons are to be
2                        issued licences if the number of eligible persons seeking
3                        a licence exceeds the number of licences that can be
4                        issued.

5                        Division 3 -- Licence applications
6    49.         Application for operator's licence or renewal
7          (1)   An application for the issue or renewal of an operator's licence
8                for a prostitution business that is proposed to be, or is, operated
9                by --
10                 (a) one individual, must be made by that individual; or
11                 (b) more than one individual, can be made only if the
12                       applicant is one of those individuals.
13         (2)   An application for the issue or renewal of an operator's licence
14               for a prostitution business that is proposed to be, or is, operated
15               by a company --
16                 (a) must be made by at least one officer of the company, on
17                       behalf of the company; and
18                 (b) may be made by more than one officer, on behalf of the
19                       company.
20         (3)   An application for the issue or renewal of an operator's licence
21               for a prostitution business must --
22                 (a) be made to the CEO in a manner and form approved by
23                       the CEO; and
24                 (b) be accompanied by any document or information
25                       specified in the form for either or both of the
26                       following --
27                          (i) verifying the applicant's identity and age;
28                         (ii) relating to any other applicable matter referred to
29                                in section 55;
30                       and



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     Prostitution Bill 2011
     Part 6            Licensing
     Division 3        Licence applications
     s. 50


1                 (c)   be accompanied by the health and drug management
2                       plan for the business; and
3                 (d)   give details of the applicant's residential and contact
4                       addresses; and
5                 (e)   be accompanied by the prescribed fee (if any).
6          (4)   An application for the issue of an operator's licence for a
7                prostitution business must also --
8                  (a) state the address of the place in which the prostitution
9                        business is proposed to be conducted (the place); and
10                 (b) state that the proposed prostitution business will involve
11                       one or more persons taking part in, or available to take
12                       part in, acts of prostitution only in the place and not
13                       elsewhere; and
14                 (c) be accompanied by evidence of the responsible planning
15                       authority's approval for the prostitution business to be
16                       conducted in the place; and
17                 (d) for a prostitution business proposed to be operated by
18                       2 or more individuals, state the name and address of
19                       each other individual with whom the applicant proposes
20                       to operate the prostitution business; and
21                 (e) for a prostitution business proposed to be operated by a
22                       company, state the name and address of each other
23                       person with whom the company proposes to operate the
24                       prostitution business.

25   50.         Application for manager's licence or renewal
26         (1)   An applicant for the issue or renewal of a manager's licence
27               must be an individual.
28         (2)   An application for the issue or renewal of a manager's licence
29               must --
30                (a) be made to the CEO in a manner and form approved by
31                      the CEO; and



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                                                          Licensing            Part 6
                                                Licence applications      Division 3
                                                                                 s. 51


1                 (b)    be accompanied by any document or information
2                        specified in the form for either or both of the
3                        following --
4                          (i) verifying the applicant's identity and age;
5                         (ii) relating to any other applicable matter referred to
6                                in section 57;
7                        and
8                  (c)   give details of the applicant's residential and contact
9                        addresses; and
10                (d)    be accompanied by the prescribed fee (if any).

11   51.         Application for prostitute's licence or renewal
12         (1)   An applicant for the issue or renewal of a prostitute's licence
13               (general) or a prostitute's licence (self-employed) must be an
14               individual.
15         (2)   An application for the issue or renewal of a prostitute's licence
16               (general) or a prostitute's licence (self-employed) must --
17                 (a) be made to the CEO in a manner and form approved by
18                      the CEO; and
19                 (b) be accompanied by any document or information
20                      specified in the form for either or both of the
21                      following --
22                         (i) verifying the applicant's identity and age;
23                        (ii) relating to any other applicable matter referred to
24                               in section 58;
25                      and
26                 (c) be accompanied by the prescribed fee (if any).
27         (3)   An application for the issue of a prostitute's licence
28               (self-employed) must also --
29                 (a) state the address of the place in which the prostitution
30                       business is proposed to be conducted (the place); and



                                                                             page 35
     Prostitution Bill 2011
     Part 6            Licensing
     Division 3        Licence applications
     s. 52


1                 (b)    state whether or not another self-employed prostitute
2                        will conduct a prostitution business in the place; and
3                  (c)   state that the applicant exercises, or is able to exercise,
4                        (whether solely or in common with others) control over
5                        who is allowed to be in the place; and
6                 (d)    state that the proposed prostitution business will involve
7                        the applicant (but no other prostitute) taking part in acts
8                        of prostitution with clients of the business, only in the
9                        place and not elsewhere; and
10                 (e)   be accompanied by evidence of the responsible planning
11                       authority's approval for the prostitution business to be
12                       conducted in the place.
13         (4)   An application for the issue or renewal of a prostitute's licence
14               (self-employed) must also be accompanied by the health and
15               drug management plan for the prostitution business.

16   52.         Taking of fingerprints and palm prints
17         (1)   In this section --
18               applicant, in the case of an application for the issue or renewal
19               of an operator's licence made by an officer of a company,
20               includes --
21                  (a) each other applicant (if any); and
22                 (b) each other person who is an officer of the company,
23               and in the case of an application for the renewal of an operator's
24               licence includes each new officer of the company about whom
25               the CEO is notified under section 71(1).
26         (2)   The CEO may in writing require an applicant for the issue or
27               renewal of a licence to attend a place and there have his or her
28               fingerprints and palm prints taken by --
29                 (a) a police officer; or
30                 (b) a person of a class specified in the regulations for the
31                       purposes of this subsection.



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                                                   Licensing            Part 6
                                         Licence applications      Division 3
                                                                          s. 52


1    (3)   Subsection (2) does not apply to an applicant for the issue or
2          renewal of a prostitute's licence (general) or a prostitute's
3          licence (self-employed) unless the CEO reasonably suspects that
4          a matter relating to the applicant's identity has not been
5          disclosed in the application.
6    (4)   The CEO does not have to consider an application, or consider
7          it further, until there is compliance with each requirement under
8          subsection (2) relevant to the application.
9    (5)   An application for the issue or renewal of a licence must set out
10         an election to be made by the applicant as to whether any
11         fingerprints and palm prints taken from the applicant under this
12         section, and any copy of them --
13           (a) can be kept by the Commissioner indefinitely; or
14           (b) must be dealt with in accordance with subsections (9)
15                 and (10).
16   (6)   The fingerprints and palm prints of an applicant who makes an
17         election referred to in subsection (5)(a) must be kept by the
18         Commissioner in accordance with that election and, unless the
19         applicant subsequently changes the election, subsections (9)
20         and (10) do not apply in respect of those prints or copies.
21   (7)   Before making an election referred to in subsection (5) the
22         applicant must be informed as to the following matters --
23           (a) that the prints taken may be compared with or put in a
24                forensic database, as defined in the Criminal
25                Investigation (Identifying People) Act 2002 section 61;
26           (b) that the prints taken may provide evidence that could be
27                used in court against the applicant;
28           (c) that the applicant may subsequently change an election
29                made under subsection (5) by notifying the
30                Commissioner;
31           (d) that the applicant may obtain legal advice before
32                deciding whether or not to have the prints taken and
33                making an election under subsection (5);


                                                                      page 37
     Prostitution Bill 2011
     Part 6            Licensing
     Division 3        Licence applications
     s. 53


1                  (e)   such other matters as may be prescribed.
2          (8)   The information in subsection (7) may be provided in writing.
3          (9)   If an election is made under subsection (5)(b), then the
4                Commissioner must cause fingerprints and palm prints taken
5                under this section and any copy of them to be destroyed --
6                   (a) if the relevant licence is not granted or renewed; or
7                  (b) when the relevant licence ceases to have effect.
8      (10)      If a review is available under section 153, the destruction of
9                fingerprints and palm prints under subsection (9) is not required
10               until --
11                  (a) the time for applying for a review has expired; and
12                 (b) if an application for a review is made, it has been
13                        determined in a way that does not result in the issue or
14                        continuation of the relevant licence.
15     (11)      If a person subsequently changes an election made under
16               subsection (5) and elects that prints taken must be dealt with in
17               accordance with subsections (9) and (10), and the time for
18               destroying the prints under those provisions has already passed,
19               the Commissioner must cause the prints and any copy of them
20               to be destroyed as soon as is practicable after the election is
21               changed.
22     (12)      The CEO must provide the Commissioner with any information
23               that the Commissioner requires to comply with subsection (11).

24   53.         Further information relevant to application
25         (1)   An applicant for the issue or renewal of a licence must provide
26               the CEO with any additional document or information that the
27               CEO requires, in any particular case, that is or could be relevant
28               to making a decision on the application.
29         (2)   If the CEO requires under subsection (1) that an additional
30               document or information be provided, the CEO does not have to
31               consider the application, or consider it further, until the
32               applicant complies with the requirement.

     page 38
                                                               Prostitution Bill 2011
                                                          Licensing            Part 6
                                                Licence applications      Division 3
                                                                                 s. 54


1    54.         Report of Commissioner
2          (1)   The CEO must send to the Commissioner a copy of each
3                application for the issue or renewal of a licence and request a
4                report on the eligibility and suitability --
5                  (a) of the proposed or current licence holder to hold the
6                        licence that is the subject of the application; and
7                  (b) of each applicant as defined in section 52(1) to operate
8                        the prostitution business that is the subject of the
9                        application.
10         (2)   Subsection (1) does not apply to an application for the issue or
11               renewal of a prostitute's licence (general) or a prostitute's
12               licence (self-employed) unless the CEO reasonably suspects that
13               the applicant may not be eligible or suitable to hold the licence.
14         (3)   The Commissioner must provide a report to the CEO as soon as
15               practicable after receipt of the copy of the application or such
16               longer period as is agreed between the Commissioner and the
17               CEO.

18   55.         Issue, renewal of operator's licence
19         (1)   Subsections (2), (3), (4) and (5) apply to an application for the
20               issue or renewal of an operator's licence for a prostitution
21               business.
22         (2)   The CEO may, on an application, issue or renew an operator's
23               licence if satisfied that each applicant --
24                  (a) has complied with section 49; and
25                 (b) is an individual who has reached 18 years of age; and
26                  (c) is either an Australian citizen or is permanently resident
27                       in Australia; and
28                 (d) is ordinarily resident in Western Australia; and
29                  (e) will not hold a manager's licence during the currency of
30                       the operator's licence if issued or renewed; and



                                                                             page 39
     Prostitution Bill 2011
     Part 6            Licensing
     Division 3        Licence applications
     s. 55


1                (f)   will not hold a prostitute's licence (general) or a
2                      prostitute's licence (self-employed) during the currency
3                      of the operator's licence if issued or renewed; and
4               (g)    is not the subject of a violence restraining order as
5                      defined in the Restraining Orders Act 1997 section 3;
6                      and
7               (h)    complies with any other prescribed matter.
8       (3)    The CEO may, on an application, issue or renew an operator's
9              licence if satisfied that each applicant and, in the case of an
10             application on behalf of a company, the company --
11                (a) has not had any licence issued under this Act revoked
12                     within the period of 5 years ending on the day on which
13                     the application is made; and
14               (b) has no charge pending of an alleged offence under the
15                     law of this State, the Commonwealth, another State or a
16                     Territory that involves an act of violence against the
17                     person or involves a victim who was a child or incapable
18                     person; and
19                (c) has not been declared under the Misuse of Drugs
20                     Act 1981 section 32A to be a drug trafficker; and
21               (d) has not been found guilty of an offence --
22                        (i) set out in Schedule 1; or
23                       (ii) under the law of the Commonwealth, another
24                              State or a Territory, that the CEO considers to be
25                              substantially similar to an offence set out in
26                              Schedule 1;
27                     and
28                (e) has not been convicted, in this or another State or a
29                     Territory, of any indictable offence, including an offence
30                     under a law of the Commonwealth, any other State or a
31                     Territory, that is triable by jury that the CEO considers
32                     would make it inappropriate for the CEO to issue the
33                     licence; and
34                (f) is a person suitable to hold an operator's licence; and

     page 40
                                                         Prostitution Bill 2011
                                                    Licensing            Part 6
                                          Licence applications      Division 3
                                                                           s. 55


1           (g)   complies with any other prescribed matter.
2    (4)   The CEO may, on an application, issue or renew an operator's
3          licence if satisfied that the health and drug management plan for
4          the prostitution business or proposed prostitution business is
5          appropriate.
6    (5)   The CEO may, on an application, issue or renew an operator's
7          licence if satisfied that the application complies with any other
8          prescribed matter.
9    (6)   The CEO may issue an operator's licence to, or renew the
10         operator's licence of, a company if the CEO is satisfied that the
11         company complies with section 45(4)(a) and (b) and will
12         comply with section 45(4)(c) during the currency of the
13         operator's licence if issued or renewed.
14   (7)   On an application for the issue of an operator's licence for a
15         prostitution business the CEO may issue an operator's licence if
16         satisfied that --
17           (a) the proposed prostitution business will involve one or
18                 more persons taking part in, or available to take part in,
19                 acts of prostitution only in the place stated in the
20                 application under section 49(4)(a) and not elsewhere;
21                 and
22           (b) the responsible planning authority has given its approval
23                 for the prostitution business to be conducted in that
24                 place; and
25           (c) the approval is in accordance with the provisions of
26                 Division 8.
27   (8)   On an application by or on behalf of a person for the person's
28         first operator's licence for a prostitution business the CEO may
29         issue the operator's licence if satisfied that neither the person
30         nor any applicant will hold an operator's licence for another
31         prostitution business during the currency of the operator's
32         licence if issued.



                                                                       page 41
     Prostitution Bill 2011
     Part 6            Licensing
     Division 3        Licence applications
     s. 56


1          (9)   If an application for the issue or renewal of an operator's licence
2                is made by one or more officers of a company on behalf of the
3                company, the CEO may issue or renew the licence if satisfied,
4                with respect to each other person who is an officer of the
5                company --
6                   (a) of any matter referred to in this section of which the
7                        CEO would need to be satisfied if that person were an
8                        applicant; and
9                  (b) that each of those persons who has been required under
10                       section 52(2) to have his or her fingerprints or palm
11                       prints taken has complied with the requirement.
12     (10)      The CEO must not renew an operator's licence if, since the
13               licence was issued or most recently renewed, the land that is
14               used for the purposes of the prostitution business to which the
15               licence relates has become part of a residential area as defined
16               in section 79.
17     (11)      The CEO must not issue or renew an operator's licence unless
18               the CEO is satisfied as to each of the matters referred to in this
19               section that applies to the particular application.

20   56.         One person may hold up to 3 operator's licences
21               A separate operator's licence may be issued to one person for
22               2 or 3 prostitution businesses operated by the person if the first
23               operator's licence held by the person has been renewed and
24               none of the following persons has been convicted of an offence
25               under this Act --
26                 (a) each operator of the business;
27                 (b) if the operator is a company, each of its officers;
28                 (c) each manager of the business.

29   57.         Issue, renewal of manager's licence
30         (1)   On an application for the issue or renewal of a manager's
31               licence, the CEO may issue or renew the licence if satisfied
32               that --
33                  (a) the applicant has complied with section 50; and

     page 42
                                                 Prostitution Bill 2011
                                            Licensing            Part 6
                                  Licence applications      Division 3
                                                                   s. 57


1    (b)   the applicant is an individual who has reached 18 years
2          of age; and
3    (c)   the applicant is either an Australian citizen or is
4          permanently resident in Australia; and
5    (d)   the applicant is ordinarily resident in Western Australia;
6          and
7    (e)   the applicant will not hold, or be an applicant for, an
8          operator's licence during the currency of the manager's
9          licence if issued or renewed; and
10   (f)   the applicant has not had any licence issued under this
11         Act revoked within the period of 5 years ending on the
12         day on which the application is made; and
13   (g)   the applicant has no charge pending of an alleged
14         offence under the law of this State, the Commonwealth,
15         another State or a Territory that involves an act of
16         violence against the person or involves a victim who
17         was a child or incapable person; and
18   (h)   the applicant has not been declared under the Misuse of
19         Drugs Act 1981 section 32A to be a drug trafficker; and
20   (i)   the applicant has not been found guilty of an offence --
21            (i) set out in Schedule 1; or
22           (ii) under the law of the Commonwealth, another
23                 State or a Territory, that the CEO considers to be
24                 substantially similar to an offence set out in
25                 Schedule 1;
26         and
27   (j)   the applicant has not been convicted, in this or another
28         State or a Territory, of any indictable offence, including
29         an offence under a law of the Commonwealth, any other
30         State or a Territory, that is triable by jury that the CEO
31         considers would make it inappropriate for the CEO to
32         issue the licence; and




                                                               page 43
     Prostitution Bill 2011
     Part 6            Licensing
     Division 3        Licence applications
     s. 58


1                 (k)    the applicant is not the subject of a violence restraining
2                        order as defined in the Restraining Orders Act 1997
3                        section 3; and
4                  (l)   the applicant is a person suitable to hold a manager's
5                        licence; and
6                 (m)    the applicant complies with any other prescribed matter;
7                        and
8                 (n)    the application complies with any other prescribed
9                        matter.
10         (2)   The CEO must not issue or renew a manager's licence unless
11               the CEO is satisfied as to each of the matters referred to in this
12               section that applies to the particular application.

13   58.         Issue, renewal of prostitute's licence
14         (1)   On an application for the issue or renewal of a prostitute's
15               licence (general) or a prostitute's licence (self-employed), the
16               CEO may issue or renew the licence if satisfied that --
17                  (a) the applicant has complied with section 51; and
18                 (b) the applicant is an individual who has reached 18 years
19                       of age; and
20                  (c) the applicant is either an Australian citizen or is
21                       permanently resident in Australia; and
22                 (d) the applicant will not hold an operator's licence during
23                       the currency of the prostitute's licence (general) or a
24                       prostitute's licence (self-employed) if issued or
25                       renewed; and
26                  (e) the applicant has not had any licence issued under this
27                       Act revoked within the period of 5 years ending on the
28                       day on which the application is made; and
29                  (f) the applicant is a person suitable to hold the licence that
30                       is the subject of the application; and
31                 (g) the applicant complies with any other prescribed matter;
32                       and


     page 44
                                                               Prostitution Bill 2011
                                                          Licensing            Part 6
                                                Licence applications      Division 3
                                                                                 s. 59


1                 (h)   the application complies with any other prescribed
2                       matter.
3          (2)   On an application for the issue of a prostitute's licence
4                (self-employed) the CEO may issue the licence if satisfied
5                that --
6                  (a) no more than one other self-employed prostitute will
7                        conduct a prostitution business in the place stated in the
8                        application under section 51(3)(a) (the place); and
9                  (b) the proposed prostitution business will involve the
10                       applicant (but no other prostitute) taking part in acts of
11                       prostitution with clients of the business, only in the
12                       place and not elsewhere; and
13                 (c) the applicant exercises, or is able to exercise, (whether
14                       solely or in common with others) control over who is
15                       allowed to be in the place; and
16                 (d) the responsible planning authority has given its approval
17                       for the prostitution business to be conducted in the
18                       place; and
19                 (e) the approval is in accordance with the provisions of
20                       Division 8.
21         (3)   On an application for the issue or renewal of a prostitute's
22               licence (self-employed) the CEO may issue or renew the licence
23               if satisfied that the health and drug management plan for the
24               prostitution business or proposed prostitution business is
25               appropriate.
26         (4)   The CEO must not issue or renew a prostitute's licence
27               (general) or a prostitute's licence (self-employed) unless the
28               CEO is satisfied as to each of the matters referred to in this
29               section that applies to the particular application.

30   59.         Reasons for refusal to issue, renew licence
31         (1)   The CEO must --
32                (a) record the grounds on which a decision to refuse to issue
33                     or renew a licence is based, and the reasons for the
34                     decision; and

                                                                             page 45
     Prostitution Bill 2011
     Part 6            Licensing
     Division 4        Licence conditions
     s. 60


1                 (b)   as soon as is practicable after making the decision, give
2                       to the person to whom the decision relates written notice
3                       of the decision, together with those grounds and reasons,
4                       and the person's right of review under section 153.
5          (2)   Nothing in subsection (1) requires or authorises the CEO to
6                disclose confidential police information.

7                         Division 4 -- Licence conditions
8    60.         Conditions generally
9          (1)   A licence is subject to --
10                (a) any conditions imposed by the CEO under section 64;
11                      and
12                (b) any other conditions imposed under this Act.
13         (2)   The regulations may provide for conditions of licences.

14   61.         Condition as to change of location of business
15         (1)   It is a condition of every operator's licence and every
16               prostitute's licence (self-employed) that there must be no
17               change in the location of the place in which the prostitution
18               business to which the licence applies is conducted without the
19               approval of the CEO.
20         (2)   An application for the CEO's approval under subsection (1)
21               must be accompanied by --
22                (a) evidence of the responsible planning authority's
23                      approval for the prostitution business to be conducted in
24                      the new place; and
25                (b) the prescribed fee (if any).
26         (3)   The CEO must not approve a change in the location of the place
27               in which the prostitution business is conducted unless the CEO
28               is satisfied that --
29                 (a) the responsible planning authority has given its approval
30                        for the prostitution business to be conducted in the new
31                        place; and

     page 46
                                                               Prostitution Bill 2011
                                                           Licensing           Part 6
                                                  Licence conditions      Division 4
                                                                                 s. 62


1                 (b)    the approval is in accordance with the requirements of
2                        Division 8; and
3                  (c)   it is otherwise appropriate to approve the change.

4    62.         Conditions as to size of business
5                It is a condition of every operator's licence that --
6                   (a) the place in which the prostitution business to which the
7                         licence applies is conducted must not have more than
8                         the prescribed number of rooms in which persons may
9                         take part in acts of prostitution; and
10                  (b) no more than the prescribed number of persons act, or
11                        are available to act, as prostitutes in the place at the
12                        same time.

13   63.         Conditions of operator's licences as to records to be kept
14         (1)   In this section --
15               business, in relation to an operator, means the prostitution
16               business to which the operator's licence applies.
17         (2)   It is a condition of every operator's licence that the operator
18               must ensure that there is kept, for the prescribed period --
19                  (a) a record of the licence number of each licensed
20                        prostitute who enters into a contract of service with, or
21                        is engaged to work for the purposes of the business
22                        under a contract for services by, a person who operates
23                        the business; and
24                  (b) a copy of the licence of each prostitute mentioned in
25                        paragraph (a); and
26                  (c) a record of the name, date of birth and residency status
27                        of each unlicensed prostitute who enters into a contract
28                        of service with, or is engaged to work for the purposes
29                        of the business under a contract for services by, a person
30                        who operates the business; and
31                  (d) a record of the start and finish dates for each contract
32                        mentioned in paragraph (a) or (c).

                                                                             page 47
     Prostitution Bill 2011
     Part 6            Licensing
     Division 4        Licence conditions
     s. 64


1          (3)   It is a condition of every operator's licence that the operator
2                must ensure that --
3                   (a) there is kept a paper copy of each document that
4                         provides proof of the name, date of birth and residency
5                         status of each unlicensed prostitute mentioned in
6                         subsection (2)(c); and
7                   (b) no copy of the document is made or kept in electronic
8                         form; and
9                   (c) the copy is kept secure from unauthorised access; and
10                  (d) the copy is kept for the period that expires 3 months
11                        after the last day on which the unlicensed prostitute
12                        worked for the business; and
13                  (e) the copy is destroyed on the expiration of that period.
14         (4)   It is a condition of every operator's licence mentioned in
15               subsection (2) or (3) that the operator must ensure that any
16               record or document kept as required under either of those
17               subsections can be inspected at any time by, and on the request
18               of, the CEO, an authorised person as defined in section 92 or a
19               police officer.
20         (5)   A request mentioned in subsection (4) must not be made unless
21               it is made for compliance purposes as defined in section 101(1).

22   64.         Conditions imposed by CEO
23         (1)   The CEO may impose conditions on a licence --
24                (a) when issuing or renewing the licence; or
25                (b) during the currency of the licence.
26         (2)   The CEO may vary or revoke conditions imposed under this
27               section on the CEO's own initiative or on application of the
28               licence holder.
29         (3)   An application of a licence holder must be accompanied by the
30               prescribed fee (if any).



     page 48
                                                              Prostitution Bill 2011
                                                          Licensing           Part 6
                                                 Licence conditions      Division 4
                                                                                s. 65


1          (4)   Without affecting the generality of the CEO's discretion to
2                impose conditions under this section, the CEO may impose
3                conditions --
4                  (a) as to the maximum number of staff that may, at the same
5                        time, be in a place in which a prostitution business is
6                        being conducted; or
7                  (b) which the CEO considers to be in the public interest; or
8                  (c) which the CEO considers desirable in order to minimise
9                        the offence, annoyance, disturbance or inconvenience
10                       that might be caused to those who reside or work in the
11                       vicinity of the place at which the prostitution business is
12                       conducted, or to persons in or making their way to or
13                       from a place of public worship, hospital or school, in
14                       consequence of activities in the place or the conduct of
15                       those making their way to or from the place.
16         (5)   The imposition, variation or revocation of a condition during the
17               currency of the registration of a person does not take effect until
18               written notice, including reasons for the decision, and notice of
19               the person's right of review under section 153, has been given
20               to the person.
21         (6)   Nothing in subsection (5) requires or authorises the CEO to
22               disclose confidential police information.

23   65.         Compliance with conditions
24         (1)   A person to whom a licence is issued must not contravene a
25               condition of the licence.
26               Penalty: a fine of $50 000.
27         (2)   Each officer of a company that holds an operator's licence must
28               ensure that the conditions of the licence are not contravened.
29               Penalty: a fine of $50 000.




                                                                            page 49
     Prostitution Bill 2011
     Part 6            Licensing
     Division 5        Other matters about licences
     s. 66



1                   Division 5 -- Other matters about licences
2    66.         Duration of licence
3          (1)   A licence may be issued or renewed for a period not exceeding
4                3 years.
5          (2)   The duration of a licence must be stated in the licence.
6          (3)   If a licence is renewed after, but within 28 days of, the day on
7                which it expired, the renewal is to be taken for all purposes to
8                have taken effect on the day immediately after the day on which
9                the licence expired.

10   67.         Licence not transferable
11               A licence is not transferable.

12   68.         Register of licence holders
13         (1)   The CEO must keep an accurate and up-to-date register, in such
14               manner and form as the CEO determines, of all holders of --
15                (a) current and former operator's licences; and
16                (b) current and former manager's licences; and
17                (c) current prostitute's licences (general); and
18                (d) current prostitute's licences (self-employed).
19         (2)   In respect of each licence holder mentioned in subsection (1)(a)
20               and (b) the CEO must record --
21                 (a) the name of the licence holder; and
22                 (b) the business address or other address of the licence
23                       holder; and
24                 (c) the conditions imposed under section 64 that are current;
25                       and
26                 (d) details of the suspension or revocation of a licence of the
27                       licence holder under section 73; and
28                 (e) such other information, if any, as is prescribed.


     page 50
                                                               Prostitution Bill 2011
                                                         Licensing             Part 6
                                       Other matters about licences       Division 5
                                                                                 s. 69


1          (3)   In respect of each licence holder mentioned in subsection (1)(a)
2                the CEO must also record --
3                  (a) the name and address of any other individual with whom
4                        the operator, if an individual, operates or operated the
5                        operator's prostitution business; and
6                  (b) the address of the place in which the operator's
7                        prostitution business is or was conducted.
8          (4)   In respect of each licence holder mentioned in subsection (1)(c)
9                and (d) the CEO must record --
10                 (a) the name of the licence holder; and
11                 (b) the conditions imposed under section 64 that are current;
12                       and
13                 (c) details of the suspension or revocation of a licence of the
14                       licence holder under section 73; and
15                 (d) in the case of a self-employed prostitute, the address of
16                       the place in which the prostitution business is
17                       conducted; and
18                 (e) such other information, if any, as is prescribed.
19         (5)   The CEO must cause to be removed from the register all the
20               details about the holder of a prostitute's licence (general) or a
21               prostitute's licence (self-employed) that no longer has effect as
22               soon as practicable after the licence ceases to have effect.
23         (6)   Subsection (5) applies despite any requirement under the State
24               Records Act 2000 in relation to the keeping and destruction of
25               records.

26   69.         Inspection of register
27         (1)   In this section --
28               officer means --
29                 (a) a police officer; or
30                 (b) a person of a class specified in the regulations for the
31                        purposes of this definition.


                                                                             page 51
     Prostitution Bill 2011
     Part 6            Licensing
     Division 5        Other matters about licences
     s. 70


1          (2)   The register must be available for inspection by an officer
2                during normal office hours.
3          (3)   The register may be made available electronically for inspection
4                by an officer.
5          (4)   An officer may, on application to the CEO in respect of the
6                register or an entry in the register, and payment of the
7                prescribed fee (if any), obtain a certified copy of the register or
8                the entry.
9          (5)   No fee is payable under subsection (4) if the application is made
10               by a police officer for the purpose of performing a function of a
11               police officer under this Act.

12   70.         Licence document
13         (1)   A licence that is issued or renewed must be in a form approved
14               by the CEO.
15         (2)   The CEO must give the licence holder a new licence if the CEO
16               renews a licence.
17         (3)   The CEO may, on payment of the prescribed fee (if any), issue a
18               certified copy of a licence to the holder of the licence.
19         (4)   If a licence is suspended or revoked the person who was the
20               holder of the licence must, as soon as practicable after the
21               suspension or revocation, ensure that the licence document is
22               returned to the CEO.
23               Penalty: a fine of $6 000.
24         (5)   Subsection (4) does not apply if the person has a reasonable
25               excuse.

26   71.         CEO to be notified of certain matters affecting licences
27         (1)   A person who holds an operator's licence must ensure that the
28               CEO is given notice in writing of any notifiable matter as
29               defined in subsection (2) within 7 days after becoming aware of
30               the matter.
31               Penalty: a fine of $24 000 or imprisonment for 2 years.

     page 52
                                                          Prostitution Bill 2011
                                                    Licensing             Part 6
                                  Other matters about licences       Division 5
                                                                            s. 71


1    (2)   In subsection (1) --
2          notifiable matter, in relation to a prostitution business, means
3          any of the following --
4            (a) a charge of the commission of an offence under this Act
5                  being made against --
6                     (i) an operator or a manager of the business; or
7                    (ii) a person who is an officer of the company if a
8                          company is the licence holder;
9            (b) a charge of the commission of an indictable offence
10                 being made against --
11                    (i) an operator or a manager of the business; or
12                   (ii) a person who is an officer of the company if a
13                         company is the licence holder;
14           (c) if a company is the licence holder, a person ceasing to
15                 be an officer of the company or a person, not already an
16                 officer of the company, becoming an officer of the
17                 company, and that person's name and address;
18           (d) a change in the name or address of any operator of the
19                 business and, if a company is the licence holder, any
20                 officer of the company;
21           (e) the name and address of any person who joins the
22                 licence holder in operating the business whether or not,
23                 if a company is the licence holder, that person is also an
24                 officer of the company.
25   (3)   A person who holds a prostitute's licence (self-employed) must
26         give the CEO notice in writing of any notifiable matter as
27         defined in subsection (4) within 7 days after becoming aware of
28         the matter.
29         Penalty: a fine of $24 000.




                                                                        page 53
     Prostitution Bill 2011
     Part 6            Licensing
     Division 5        Other matters about licences
     s. 71


1       (4)    In subsection (3) --
2              notifiable matter, in relation to a licence holder, means any of
3              the following --
4                (a) a charge of the commission of an offence under this Act
5                      being made against the licence holder;
6                (b) a charge of the commission of an indictable offence
7                      being made against the licence holder;
8                (c) a change in the name or address of the licence holder;
9                (d) another self-employed prostitute ceasing to conduct a
10                     prostitution business in the same place as that of the
11                     licence holder;
12               (e) another self-employed prostitute starting to conduct a
13                     prostitution business in the same place as that of the
14                     licence holder.
15      (5)    A person who holds a manager's licence or a prostitute's licence
16             (general) must give the CEO notice in writing of any notifiable
17             matter as defined in subsection (6) within 7 days after becoming
18             aware of the matter.
19             Penalty: a fine of $24 000.
20      (6)    In subsection (5) --
21             notifiable matter, in relation to a licence holder, means any of
22             the following --
23               (a) a charge of the commission of an offence under this Act
24                     being made against the licence holder;
25               (b) a charge of the commission of an indictable offence
26                     being made against the licence holder;
27               (c) a change in the name or address of the licence holder.




     page 54
                                                               Prostitution Bill 2011
                                                         Licensing             Part 6
                                Suspension or revocation of licence       Division 6
                                                                                 s. 72



1                Division 6 -- Suspension or revocation of licence
2    72.         Powers of CEO
3          (1)   The CEO may for the purposes of determining whether or not a
4                licence should be suspended or revoked --
5                   (a) require a person to produce to the CEO any document or
6                        other thing concerning the determination that is in the
7                        possession or under the control of the person; and
8                  (b) inspect any document or other thing produced to the
9                        CEO and retain it for such reasonable period as the CEO
10                       thinks fit, and make copies of a document or any of its
11                       contents; and
12                  (c) require a person --
13                          (i) to give the CEO such information as the CEO
14                               requires; and
15                         (ii) to answer any question put to that person,
16                              in relation to the determination.
17         (2)   A requirement made under subsection (1)(a) --
18                (a) must be made by notice in writing given to the person
19                      required to produce the document or other thing; and
20                (b) must specify the time at or within which the document
21                      or other thing must be produced; and
22                (c) may, by its terms, require that the document or other
23                      thing required be produced at a place and by means
24                      specified in the requirement; and
25                (d) where the document required is not in a readable format,
26                      must be treated as a requirement to produce --
27                         (i) the document itself; and
28                        (ii) the contents of the document in a readable
29                              format.




                                                                             page 55
     Prostitution Bill 2011
     Part 6            Licensing
     Division 6        Suspension or revocation of licence
     s. 73


1          (3)   A requirement made under subsection (1)(c) --
2                 (a) may be made orally or by notice in writing served on the
3                       person required to give information or answer a
4                       question, as the case may be; and
5                 (b) must specify the time at or within which the information
6                       must be given or the question must be answered, as the
7                       case may be; and
8                 (c) may, by its terms, require that the information or answer
9                       required --
10                         (i) be given orally or in writing; or
11                        (ii) be given at or sent or delivered to a place
12                             specified in the requirement; or
13                       (iii) in the case of written information or answers be
14                             sent or delivered by means specified in the
15                             requirement; or
16                       (iv) be verified by statutory declaration.
17         (4)   If under subsection (1)(a) the CEO requires a person to produce
18               any document or other thing concerning the determination that
19               is in the possession or under the control of the person, the CEO
20               must inform that person that the person is required under this
21               Act to produce the document or thing.
22         (5)   If under subsection (1)(c) the CEO requires a person to give
23               information or answer a question, the CEO must inform that
24               person that the person is required under this Act to give the
25               information or answer the question.

26   73.         Suspension or revocation of a licence
27         (1)   The CEO must not suspend or revoke a licence unless the CEO
28               has first informed the licence holder that the CEO is considering
29               suspending or revoking the licence, as is applicable to the case,
30               and has given the licence holder a reasonable opportunity to be
31               heard or make written representations.




     page 56
                                                          Prostitution Bill 2011
                                                    Licensing             Part 6
                           Suspension or revocation of licence       Division 6
                                                                            s. 73


1    (2)   The CEO may by notice given to a licence holder suspend the
2          licence for a period specified in the notice or revoke the licence
3          if --
4             (a) the CEO is no longer satisfied as to any matter about
5                  which the CEO would be required to be satisfied before
6                  issuing or renewing the licence; or
7            (b) the CEO is satisfied that the licence holder has breached
8                  a provision of this Act, whether or not a prosecution has
9                  commenced; or
10            (c) in the case where the licence holder is a company, the
11                 CEO is satisfied that an officer of the company has
12                 breached a provision of this Act, whether or not a
13                 prosecution has commenced; or
14           (d) in the case of an operator's licence, the CEO is satisfied
15                 that an operator of the prostitution business, the manager
16                 of the business or a prostitute working for the business
17                 has failed to comply with the approved health and drug
18                 management plan for the business; or
19            (e) in the case of a manager's licence, the CEO is satisfied
20                 that the manager, or an operator of a prostitution
21                 business or a prostitute working for a prostitution
22                 business, when being managed by the licence holder,
23                 has failed to comply with the approved health and drug
24                 management plan for the business; or
25            (f) in the case of a prostitute's licence (general), the CEO is
26                 satisfied that the licence holder has failed to comply
27                 with the approved health and drug management plan for
28                 a prostitution business for which the licence holder
29                 works or has worked; or
30            (g) in the case of a prostitute's licence (self-employed), the
31                 CEO is satisfied that the licence holder has failed to
32                 comply with the approved health and drug management
33                 plan for the licence holder's prostitution business; or




                                                                        page 57
     Prostitution Bill 2011
     Part 6            Licensing
     Division 6        Suspension or revocation of licence
     s. 74


1                 (h)    the CEO comes to know of any other matter that would
2                        prevent the CEO from issuing the licence if an
3                        application were only then being made for it.
4          (3)   In subsection (2)(d), (e) and (f) --
5                approved health and drug management plan means the health
6                and drug management plan that accompanied the application for
7                the issue or most recent renewal, as is relevant in the case, of the
8                operator's licence for the prostitution business and that satisfied
9                the CEO as being appropriate.
10         (4)   In subsection (2)(g) --
11               approved health and drug management plan means the health
12               and drug management plan that accompanied the application for
13               the issue or most recent renewal, as is relevant in the case, of the
14               prostitute's licence (self-employed) and that satisfied the CEO
15               as being appropriate.
16         (5)   The suspension or revocation of a licence takes effect when
17               written notice of it, including the reasons for the decision to
18               suspend or revoke the licence, and notice of the person's right
19               of review under section 153(1), has been given to the person.
20         (6)   Nothing in subsection (5) requires or authorises the CEO to
21               disclose confidential police information.
22         (7)   A licence is of no effect while it is suspended.

23   74.         Notification of revoked licences
24               The CEO --
25                (a) may notify any person who holds an operator's
26                     licence --
27                        (i) that a person has had a licence revoked; and
28                       (ii) the day on which the revocation took effect;
29                     and
30                (b) must give to a person notified under paragraph (a)
31                     information about any setting aside of the CEO's


     page 58
                                                                 Prostitution Bill 2011
                                                           Licensing             Part 6
                                        Offences relating to licences       Division 7
                                                                                   s. 75


1                       decision to revoke the licence by the State
2                       Administrative Tribunal.

3    75.         Persons whose licence revoked not to work for prostitution
4                business for 5 years
5          (1)   An operator of a prostitution business who, under section 74, is
6                notified that a person's licence has been revoked must ensure
7                that the person does not work for the prostitution business, in
8                any capacity, during the period of 5 years starting on the day on
9                which the revocation took effect.
10               Penalty: a fine of $10 000.
11         (2)   A person who has had a licence revoked must not work for any
12               prostitution business, in any capacity, during the period of
13               5 years starting on the day on which the revocation took effect.
14               Penalty: a fine of $10 000.

15                  Division 7 -- Offences relating to licences
16   76.         False or misleading information
17         (1)   A person must not do any of the things set out in
18               subsection (2) --
19                 (a) in relation to an application under this Part; or
20                 (b) in relation to the compliance, or purported compliance,
21                      with a requirement under section 53(1) to give the CEO
22                      a document or information.
23               Penalty: a fine of $24 000 or imprisonment for 2 years.
24         (2)   The things to which subsection (1) applies are --
25                (a) making a statement which the person knows is false or
26                      misleading in a material particular; or
27                (b) making a statement which is false or misleading in a
28                      material particular, with reckless disregard as to whether
29                      or not the statement is false or misleading in a material
30                      particular; or


                                                                               page 59
     Prostitution Bill 2011
     Part 6            Licensing
     Division 7        Offences relating to licences
     s. 77


1                  (c)   providing, or causing to be provided, information that
2                        the person knows is false or misleading in a material
3                        particular; or
4                 (d)    providing, or causing to be provided, information that is
5                        false or misleading in a material particular, with reckless
6                        disregard as to whether the information is false or
7                        misleading in a material particular.

8    77.         Offences in relation to determination under section 72
9          (1)   Where under section 72 a person is required to give any
10               information, answer any question, or produce any document or
11               thing that person must not, without reasonable excuse (proof of
12               which lies on the person) --
13                 (a) fail to give that information or answer that question at or
14                       within the time specified in the requirement; or
15                 (b) give any information or answer that is false in any
16                       particular; or
17                 (c) fail to produce that document or thing at or within the
18                       time specified in the requirement.
19               Penalty: a fine of $24 000 or imprisonment for 2 years.
20         (2)   It is a defence to a charge of an offence under subsection (1)(a)
21               or (c) for the accused to prove --
22                  (a) that, in the case of an alleged offence arising out of a
23                        requirement made orally under section 72, the CEO did
24                        not, when making the requirement, inform the accused
25                        that he or she was required under this Act to give the
26                        information or answer the question, as the case may be;
27                        or
28                  (b) that, in the case of an alleged offence arising out of a
29                        requirement made by notice in writing under section 72,
30                        the notice did not state that he or she was required under
31                        this Act to give the information, answer the question, or
32                        produce the document or thing, as the case may be; or



     page 60
                                                      Prostitution Bill 2011
                                                  Licensing           Part 6
                           Planning and development controls     Division 8
                                                                        s. 78


1           (c)   that the time specified in the requirement did not afford
2                 the accused sufficient notice to enable him or her to
3                 comply with the requirement; or
4           (d)   that, in any case, the CEO did not, before making the
5                 requirement, have reasonable grounds to believe that
6                 compliance with the requirement would assist the CEO
7                 in making the determination.

8    78.   Incriminating information, questions or documents
9          An individual is not excused from complying with a
10         requirement under section 72 on the ground that the answer to a
11         question or the production of a document or other thing might
12         incriminate the individual or render the individual liable to a
13         penalty, but neither --
14           (a) an answer given by the individual that was given to
15                 comply with the requirement; nor
16           (b) the fact that a document or other thing produced by the
17                 individual to comply with the requirement was
18                 produced,
19         is admissible in evidence in any civil or criminal proceedings
20         against the individual other than proceedings for an offence
21         under section 77(1)(b).

22         Division 8 -- Planning and development controls
23   79.   Terms used
24         In this Division --
25         caretaker's dwelling means a dwelling that is --
26           (a) on the same land as, or part of, a building, operation or
27                 plant; and
28           (b) occupied by a supervisor of the building, operation or
29                 plant;
30         City of Perth inner zone means the area of land in the Perth
31         local government district that is bounded by the Mitchell


                                                                     page 61
     Prostitution Bill 2011
     Part 6            Licensing
     Division 8        Planning and development controls
     s. 79


1              Freeway to the west, Newcastle Street to the north, Victoria
2              Avenue and Lord Street to the east and the Swan River to the
3              south, but does not include the area of land that is bounded by
4              Fitzgerald Street, Aberdeen Street, Shenton Street and James
5              Street;
6              planning scheme means any of the following --
7                (a) a planning scheme as defined in the Planning and
8                      Development Act 2005 section 4(1);
9                (b) a prescribed redevelopment scheme;
10               (c) a master plan as defined in the Hope Valley-Wattleup
11                     Redevelopment Act 2000 section 3(1);
12               (d) an interim development order as defined in the Planning
13                     and Development Act 2005 section 4(1);
14             protected place means --
15               (a) a hospital; or
16               (b) a place used for education, worship, the care or
17                     recreation of children, or to provide community support
18                     or welfare; or
19               (c) a place of a kind that is prescribed; or
20               (d) a place that is used for a prescribed purpose;
21             residential area means an area, zone or precinct, however
22             described, in which the use of land for residential purposes is
23             permitted by the applicable planning scheme, whether or not
24             subject to conditions, without the need for the responsible
25             planning authority to exercise its discretion to grant planning
26             approval for such use;
27             responsible planning authority, in relation to --
28               (a) a local planning scheme as defined in the Planning and
29                     Development Act 2005 section 4(1), means the local
30                     government which is responsible for the local planning
31                     scheme; or




     page 62
                                                      Prostitution Bill 2011
                                                  Licensing           Part 6
                           Planning and development controls     Division 8
                                                                        s. 80


1           (b)    an improvement scheme as defined in the Planning and
2                  Development Act 2005 section 4(1), means the WAPC;
3                  or
4            (c) a region planning scheme as defined in the Planning and
5                  Development Act 2005 section 4(1), means the WAPC;
6                  or
7            (d) a prescribed redevelopment scheme, means the authority
8                  prescribed in relation to that scheme for the purposes of
9                  this definition; or
10           (e) a master plan as defined in the Hope Valley-Wattleup
11                 Redevelopment Act 2000 section 3(1), means the
12                 Western Australian Land Authority established under
13                 the Western Australian Land Authority Act 1992
14                 section 5(1); or
15            (f) a local interim development order as defined in the
16                 Planning and Development Act 2005 section 4(1),
17                 means the local government responsible for the
18                 enforcement of the order; or
19           (g) a regional interim development order as defined in the
20                 Planning and Development Act 2005 section 4(1),
21                 means the WAPC or local government exercising the
22                 powers of the WAPC;
23         WAPC means the Western Australian Planning Commission
24         established by the Planning and Development Act 2005
25         section 7.

26   80.   Measurement of distances
27         For the purposes of this Division the distance between a
28         protected place or a residence and a prostitution business must
29         be measured between --
30           (a) the boundary of the land on which the protected place or
31                 residence is built that is closest to the prostitution
32                 business; and




                                                                     page 63
     Prostitution Bill 2011
     Part 6            Licensing
     Division 8        Planning and development controls
     s. 81


1                 (b)    the wall of the building in which the prostitution
2                        business is conducted or proposed to be conducted that
3                        is closest to the protected place or residence.

4    81.         This Division does not affect licensing requirements
5                Nothing in this Division affects a requirement under Division 2
6                for a person to hold a licence in relation to a prostitution
7                business.

8    82.         This Division overrides planning schemes, approvals
9          (1)   The provisions of this Division apply despite the provisions of
10               any planning scheme.
11         (2)   A provision in a planning scheme that is inconsistent with a
12               provision of this Division is of no effect to the extent of the
13               inconsistency.
14         (3)   For the purposes of section 55(7)(b), 58(2)(d) or 61(3)(a), a
15               responsible planning authority's approval for a prostitution
16               business to be conducted in a place has no effect to the extent
17               that the approval is inconsistent with a provision of this
18               Division.

19   83.         No prostitution businesses in residential areas
20         (1)   Land in a residential area must not be used for the purposes of a
21               prostitution business.
22         (2)   Despite subsection (1), land in a residential area may continue
23               to be used for the purposes of a prostitution business --
24                 (a) if it did not become part of a residential area until after
25                       an operator's licence in relation to the business was
26                       issued; and
27                 (b) for the duration of the operator's licence or, if the
28                       licence has been renewed, for the duration of the most
29                       recent renewal.




     page 64
                                                            Prostitution Bill 2011
                                                        Licensing           Part 6
                                 Planning and development controls     Division 8
                                                                              s. 84


1    84.         Prostitution businesses in non-residential areas
2          (1)   Land that is not in a residential area may be used for the
3                purposes of a prostitution business if --
4                  (a) a development application is made for approval to use
5                       the land for that purpose; and
6                 (b) the responsible planning authority's decision on the
7                       application permits the land to be used for that purpose;
8                       and
9                  (c) the land is not land to which section 85(2)(a), (b) or (c)
10                      applies or if it is, the use is in accordance with
11                      section 85(3); and
12                (d) the land is not land to which section 86(2)(a), (b) or (c)
13                      applies or if it is, the use is in accordance with
14                      section 86(3).
15         (2)   A planning scheme may require that a development application
16               that is made for approval to use land for the purposes of a
17               prostitution business must be advertised in accordance with the
18               provisions of the Planning and Development Act 2005,
19               including regulations made under that Act, relating to the
20               advertisement of development applications.

21   85.         Prostitution businesses in non-residential areas in City of
22               Perth inner zone
23         (1)   In this section --
24               land (CPIZ) means land that --
25                 (a) is within the City of Perth inner zone; and
26                 (b) is not in a residential area.
27         (2)   Land (CPIZ) must not be used for the purposes of a prostitution
28               business if --
29                 (a) the distance between the prostitution business and any
30                      protected place, wherever situated, is less than 100 m; or
31                (b) the land comprises a building that contains a dwelling
32                      other than a caretaker's dwelling; or

                                                                           page 65
     Prostitution Bill 2011
     Part 6            Licensing
     Division 8        Planning and development controls
     s. 86


1                 (c)   in the opinion of the City of Perth, the land is in an area
2                       that contains a significant number of dwellings
3                       (although not a residential area).
4          (3)   Despite subsection (2), land (CPIZ) may continue to be used for
5                the purposes of a prostitution business if --
6                  (a) the business was established after this Division came
7                        into operation; and
8                  (b) after the issue of an operator's licence in relation to the
9                        business --
10                          (i) a protected place is situated less than 100 m from
11                              the business; or
12                         (ii) a dwelling, other than a caretaker's dwelling, is
13                              established in the building in which the business
14                              is conducted; or
15                        (iii) the City of Perth forms the opinion that the area
16                              in which the business is located contains a
17                              significant number of dwellings (although not a
18                              residential area);
19                       and
20                 (c) if a development application was made for approval to
21                       use land in a way mentioned in paragraph (b), the
22                       responsible planning authority to which the application
23                       was made had, before making a decision on the
24                       application, informed the applicant of each prostitution
25                       business to which paragraph (b) would apply if the use
26                       was permitted.

27   86.         Prostitution businesses in non-residential areas in rest of
28               State
29         (1)   In this section --
30               land (rest of WA) means land that --
31                 (a) is within any area of the State other than the City of
32                        Perth inner zone; and
33                 (b) is not in a residential area.

     page 66
                                                      Prostitution Bill 2011
                                                  Licensing           Part 6
                           Planning and development controls     Division 8
                                                                        s. 86


1    (2)   Land (rest of WA) must not be used for the purposes of a
2          prostitution business if --
3            (a) the distance between the prostitution business and any
4                  residence (other than a caretaker's dwelling), wherever
5                  situated, is less than 100 m; or
6            (b) the distance between the prostitution business and any
7                  protected place, wherever situated, is less than 200 m; or
8            (c) in the opinion of the responsible planning authority for
9                  the land in which the business is located, the land is in
10                 an area that contains a significant number of dwellings
11                 (although not a residential area).
12   (3)   Despite subsection (2), land (rest of WA) may continue to be
13         used for the purposes of a prostitution business if --
14           (a) the business was established after this Division came
15                into operation; and
16           (b) after the issue of an operator's licence in relation to the
17                business --
18                   (i) a residence, other than a caretaker's dwelling, is
19                        situated less than 100 m from the business; or
20                  (ii) a protected place is situated less than 200 m from
21                        the business; or
22                 (iii) the responsible planning authority for the land in
23                        which the business is located forms the opinion
24                        that the area in which the business is located
25                        contains a significant number of dwellings
26                        (although not a residential area);
27                and
28           (c) if a development application was made for approval to
29                use land in a way mentioned in paragraph (b), the
30                responsible planning authority to which the application
31                was made had, before making a decision on the
32                application, informed the applicant of each prostitution
33                business to which paragraph (b) would apply if the use
34                was permitted.

                                                                     page 67
     Prostitution Bill 2011
     Part 6            Licensing
     Division 9        Governor's powers as to licences in certain areas and licence
                       applications
     s. 87

1     Division 9 -- Governor's powers as to licences in certain areas
2                       and licence applications
3    87.         Terms used
4                In this Division --
5                no licence area order means an order made under section 88(1);
6                order means a no licence area order or a particular applicant
7                order;
8                particular applicant order means an order made under
9                section 89(1).

10   88.         No licence area order
11         (1)   The Governor may, for any reason, make an order that the CEO
12               must not issue a licence to any person to operate or manage a
13               prostitution business in an area of the State that is specified in
14               the order.
15         (2)   The Governor may, for any reason, vary or revoke a no licence
16               area order.
17         (3)   Before a no licence area order is made, varied or revoked the
18               Minister must, at least 14 days before the day on which the
19               order is proposed to be made, varied or revoked --
20                 (a) publish in the Gazette notice of the intention to make,
21                       vary or revoke the order so that persons likely to be
22                       affected by the making, variation or revocation of the
23                       order may make representations in writing to the
24                       Minister; and
25                 (b) inform the local government of the district in which the
26                       area is located of the intention to make, vary or revoke
27                       the order so that the local government may make
28                       representations in writing to the Minister.
29         (4)   Before a no licence area order is made, varied or revoked the
30               Minister must have regard to each matter raised in the



     page 68
                                                               Prostitution Bill 2011
                                                          Licensing            Part 6
      Governor's powers as to licences in certain areas and licence       Division 9
                                                       applications
                                                                                 s. 89

1                representations received in deciding whether to recommend that
2                the Governor makes, varies or revokes a no licence area order.
3          (5)   A no licence area order, or a variation or revocation of a no
4                licence area order, takes effect on the day on which it is
5                published in the Gazette.

6    89.         Particular applicant order
7          (1)   The Governor may for any reason, after an application for a
8                licence is made but before the licence is issued, make an order
9                that the CEO must not issue the licence.
10         (2)   The Governor may, for any reason, vary or revoke a particular
11               applicant order.
12         (3)   Before a particular applicant order is made or varied the
13               Minister must, at least 14 days before the day on which the
14               order is proposed to be made or varied give notice of the
15               intention to make or vary the order to the applicant so that the
16               applicant may make representations in writing to the Minister.
17         (4)   Before a particular applicant order is made or varied the
18               Minister must have regard to each matter raised in the
19               representations received in deciding whether to recommend that
20               the Governor makes or varies a particular applicant order.
21         (5)   A particular applicant order, or a variation or revocation of a
22               particular applicant order, takes effect on the day on which the
23               order or advice of the variation or revocation is given to the
24               CEO.
25         (6)   A copy of a particular applicant order or advice of an order's
26               variation or revocation must be given to the applicant before the
27               expiry of the period of 7 days after the order or advice is given
28               to the CEO but a failure to do so does not affect the effect of the
29               order, variation or revocation.




                                                                             page 69
     Prostitution Bill 2011
     Part 6            Licensing
     Division 9        Governor's powers as to licences in certain areas and licence
                       applications
     s. 90

1    90.         Effect of orders
2          (1)   A no licence area order has effect according to its tenor
3                even if --
4                  (a) land that is in the area of the State that is the subject of
5                        the order may, under Division 8, be used for the
6                        purposes of a prostitution business; and
7                  (b) the responsible planning authority --
8                           (i) has given, in accordance with Division 8, its
9                               approval for a prostitution business to be
10                              conducted in a place in the area; or
11                         (ii) would have given, in accordance with
12                              Division 8, its approval for a prostitution
13                              business to be conducted in a place in the area,
14                              but for the order.
15         (2)   A planning scheme, as defined in section 79, that applies to land
16               that is in the area of the State that is the subject of a no licence
17               area order is to be taken to not permit the use of the land for
18               purposes of a prostitution business while the order is in effect.
19         (3)   A particular applicant order has effect according to its tenor
20               even if the CEO would have issued a licence to the applicant
21               under section 55(2), but for the order.

22   91.         Orders not open to disallowance, challenge
23         (1)   An order is not subsidiary legislation for the purposes of the
24               Interpretation Act 1984.
25         (2)   An order made or purportedly made may not be challenged,
26               appealed against, reviewed, quashed or called into question on
27               any grounds whatsoever before any court, tribunal, body or
28               person in any legal proceedings, or restrained, removed or
29               otherwise affected by proceedings for any injunctive,
30               declaratory or other relief, remedy or order whether by way of
31               prerogative writ or otherwise.
32         (3)   Subsection (2) does not limit judicial review for jurisdictional
33               error.

     page 70
                                                             Prostitution Bill 2011
                                                      Enforcement            Part 7
                                                       Preliminary      Division 1
                                                                               s. 92



1                            Part 7 -- Enforcement
2                             Division 1 -- Preliminary
3    92.         Term used: authorised person
4                In this Part --
5                authorised person means a person designated under
6                section 97(1) as an authorised person.

7    93.         Reasonable force
8                A police officer may use any force that is reasonably necessary,
9                and may call on any assistance necessary, in order to exercise a
10               power under this Part.

11   94.         Hindering performance of functions
12               A person must not delay, obstruct or otherwise hinder a police
13               officer or any other person in the performance of any function
14               that the police officer or other person has under this Act.
15               Penalty: imprisonment for 2 years.

16                    Division 2 -- Information and reports
17   95.         Confidential police information
18         (1)   The Commissioner may, for the purposes of this section,
19               classify any information or document held by the Commissioner
20               as confidential.
21         (2)   The CEO must not publish or disclose to any person any
22               confidential police information that is provided by the
23               Commissioner to the CEO for the purposes of this Act.
24         (3)   Subsection (2) applies despite any other provision of this Act
25               but does not apply to prevent the CEO from disclosing
26               confidential police information to --
27                 (a) a court or the State Administrative Tribunal; or


                                                                           page 71
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 2        Information and reports
     s. 95


1               (b)    a person to whom the Commissioner authorises its
2                      disclosure.
3       (4)    If the CEO makes a decision solely or partly on the basis of
4              confidential police information --
5                 (a) to refuse to issue or renew a licence; or
6                (b) to impose, vary or revoke a licence condition; or
7                 (c) to suspend or revoke a licence; or
8                (d) to make a prohibition order under section 120 or an
9                      order varying or revoking a prohibition order; or
10                (e) to refuse to give approval under section 180 or about the
11                     imposition of a condition on an approval,
12             the CEO is not required to give any reasons for the decision
13             other than that the decision is made in the public interest.
14      (5)    In any proceedings under this Act (other than proceedings for an
15             offence), a court or the State Administrative Tribunal --
16               (a) must, on the application of the Commissioner, take all
17                     reasonable steps to maintain the confidentiality of
18                     confidential police information, including steps --
19                       (i) to receive evidence and hear argument about
20                            confidential police information in private and in
21                            the absence of any party to the proceedings other
22                            than the CEO or the Commissioner or their
23                            representatives; and
24                      (ii) to prohibit the publication of evidence about
25                            confidential police information;
26                     and
27               (b) may take evidence consisting of or relating to
28                     confidential police information by way of an affidavit of
29                     a member of the Police Force of or above the rank of
30                     Superintendent.




     page 72
                                                             Prostitution Bill 2011
                                                     Enforcement             Part 7
                                               Authorised persons       Division 3
                                                                               s. 96


1    96.         Commissioner's reports, opinions on licensing matters
2                In addition to providing to the CEO reports under section 54(3),
3                the Commissioner may, at any time, provide the CEO
4                information and give the Commissioner's opinion about any of
5                the following --
6                  (a) whether a licence holder continues to be eligible or
7                        suitable to hold the licence;
8                  (b) the imposition, variation or revocation of licence
9                        conditions;
10                 (c) the suspension or revocation of a licence.

11                       Division 3 -- Authorised persons
12   97.         Authorised persons
13         (1)   The CEO may, by instrument in writing, designate a public
14               service officer employed in the Department as an authorised
15               person for the purposes of this Act.
16         (2)   A person may be designated to be an authorised person for a
17               fixed or indefinite period.
18         (3)   The CEO may, by instrument in writing, revoke a designation at
19               any time.

20   98.         Identity cards
21         (1)   The CEO must give an identity card to each person designated
22               by the CEO as an authorised person.
23         (2)   An identity card must --
24                (a) identify the person as an authorised person; and
25                (b) contain a recent photograph of the person.
26         (3)   A person must, within 14 days of ceasing to be an authorised
27               person, return the person's identity card to the CEO.
28               Penalty: a fine of $5 000.



                                                                           page 73
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 3        Authorised persons
     s. 99


1          (4)   Subsection (3) does not apply if the person has a reasonable
2                excuse.
3          (5)   An authorised person must carry his or her identity card at all
4                times when exercising powers or performing functions as an
5                authorised person.

6    99.         Production or display of identity card
7          (1)   An authorised person may exercise a power in relation to
8                someone only if --
9                  (a) the authorised person first produces the authorised
10                      person's identity card for the other person's inspection;
11                      or
12                 (b) the authorised person has the identity card displayed so
13                      it is clearly visible to the other person.
14         (2)   However, if for any reason it is not practicable to comply with
15               subsection (1) before exercising the power, the authorised
16               person may exercise the power and then produce the identity
17               card for inspection by the person at the first reasonable
18               opportunity.

19   100.        Limitation on powers of authorised person
20         (1)   An authorised person must act --
21                (a) in accordance with the CEO's directions; and
22                (b) subject to any limitation on the powers of that person
23                      mentioned in subsection (2).
24         (2)   The powers of an authorised person may be limited --
25                (a) under a condition specified in the person's instrument of
26                     designation as an authorised person; or
27                (b) by written notice given by the CEO to the person.
28         (3)   The CEO may, at any time, revoke or vary a condition of
29               designation mentioned in subsection (2)(a) or a notice
30               mentioned in subsection (2)(b).


     page 74
                                                          Prostitution Bill 2011
                                                   Enforcement            Part 7
                                            Enforcement powers       Division 4
                                                                          s. 101



1                     Division 4 -- Enforcement powers
2    101.     Terms used
3       (1)   In this Division --
4             compliance purposes means any one or more of the
5             following --
6               (a) monitoring whether a provision of this Act has been, or
7                     is being, complied with;
8               (b) investigating a suspected contravention of a provision of
9                     this Act;
10            juvenile justice team means a juvenile justice team under the
11            Young Offenders Act 1994 Part 5 Division 2.
12      (2)   For the purposes of this Division a person is lawfully entitled to
13            possess something if --
14              (a) the person owns it or is authorised by the owner to
15                    possess it; and
16             (b) the possession is not prohibited by law or is authorised,
17                    justified or excused by law.

18   102.     Police officer, authorised person, may enter place for certain
19            purposes
20      (1)   For compliance purposes a police officer may, without a
21            warrant and at any time, enter a place if the officer reasonably
22            suspects that --
23              (a) the place is not a dwelling; and
24              (b) a prostitution business is being conducted in the place.
25      (2)   An authorised person may, without a warrant and at any time,
26            enter a place in which a prostitution business is conducted and
27            to which a licence applies to ascertain whether --
28              (a) each person operating the prostitution business holds a
29                    current operator's licence or, in the case of a
30                    self-employed prostitute, a current prostitute's licence
31                    (self-employed); or

                                                                         page 75
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 4        Enforcement powers
     s. 103


1               (b)    the person managing the prostitution business at the time
2                      holds a current manager's licence and is present in the
3                      place; or
4                (c)   in relation to any person who acts, or who is available to
5                      act, as a prostitute in the prostitution business either --
6                         (i) the person holds a current prostitute's licence
7                               (general); or
8                        (ii) there is compliance with section 22(b) in respect
9                               of the person;
10                     or
11              (d)    each of section 18(1), (2) or (4), as is relevant to the
12                     case, is being complied with.
13      (3)    A police officer or an authorised person who enters a place
14             under subsection (1) or (2) may require a person in the place
15             apparently operating, managing or working for a prostitution
16             business to give the police officer or authorised person his or
17             her name and address and provide proof of his or her identity.
18      (4)    A police officer who enters a place under subsection (1) may --
19              (a) search the place and inspect any articles and records
20                    kept there; and
21              (b) stop, detain and search anyone in the place; and
22              (c) seize anything that the police officer suspects on
23                    reasonable grounds will afford evidence as to the
24                    commission of an offence.

25   103.      Obstructing person exercising power under s. 102
26      (1)    A person must not prevent or attempt to prevent --
27              (a) a police officer from entering a place under
28                    section 102(1); or
29              (b) an authorised person from entering a place under
30                    section 102(2); or




     page 76
                                                          Prostitution Bill 2011
                                                   Enforcement            Part 7
                                            Enforcement powers       Division 4
                                                                          s. 104


1               (c)  otherwise obstruct or impede a police officer or
2                    authorised person in the exercise of his or her powers
3                    under section 102.
4             Penalty: a fine of $24 000 or imprisonment for 2 years.
5       (2)   If required under section 102(3) by a police officer or authorised
6             person to give the police officer or authorised person his or her
7             name and address or provide proof of his or her identity, a
8             person must not fail to give the police officer or authorised
9             person his or her name and address or provide proof of his or
10            her identity.
11            Penalty: a fine of $24 000 or imprisonment for 2 years.

12   104.     Powers to obtain information
13      (1)   A police officer may, for compliance purposes --
14             (a) require a person to produce to the police officer any
15                   document or other thing that is in the possession or
16                   under the control of the person; and
17             (b) inspect any document or other thing produced to the
18                   police officer and retain it for such reasonable period as
19                   the police officer thinks fit, and make copies of a
20                   document or any of its contents; and
21             (c) require a person --
22                      (i) to give the police officer such information as the
23                           police officer requires; and
24                     (ii) to answer any question put to that person.
25      (2)   A requirement made under subsection (1) to produce a
26            document or other thing --
27              (a) must be made in writing given to the person required to
28                   produce the document or other thing; and
29             (b) must specify the time at or within which the document
30                   or other thing must be produced; and




                                                                        page 77
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 4        Enforcement powers
     s. 104


1                (c)   may, by its terms, require that the document or other
2                      thing required be produced at a place and by means
3                      specified in the requirement; and
4               (d)    where the document required is not in a readable format,
5                      must be treated as a requirement to produce --
6                         (i) the document itself; and
7                        (ii) the contents of the document in a readable
8                              format.
9       (3)    A requirement made under subsection (1) to give information or
10             answer a question --
11               (a) may be made orally or in writing served on the person
12                    required to give information or answer a question, as the
13                    case may be; and
14               (b) must specify the time at or within which the information
15                    must be given or the question must be answered, as the
16                    case may be; and
17               (c) may, by its terms, require that the information or answer
18                    required --
19                       (i) be given orally or in writing; or
20                      (ii) be given at or sent or delivered to a place
21                            specified in the requirement; or
22                     (iii) in the case of written information or answers, be
23                            sent or delivered by means specified in the
24                            requirement; or
25                     (iv) be verified by statutory declaration.
26      (4)    If under subsection (1) the police officer requires a person to
27             give information or answer a question, the police officer must
28             inform the person that the person is required under this Act to
29             give the information or answer the question.




     page 78
                                                          Prostitution Bill 2011
                                                   Enforcement            Part 7
                                            Enforcement powers       Division 4
                                                                          s. 105


1    105.     Failure to comply with requirements under s. 104
2       (1)   A person must not, without lawful excuse, refuse or fail to
3             produce a document or other thing as required under
4             section 104.
5             Penalty: imprisonment for 2 years.
6       (2)   A person must not, without lawful excuse, refuse or fail to
7             answer a question or otherwise give information when required
8             to do so under section 104.
9             Penalty: imprisonment for 2 years.
10      (3)   Where an individual is required under section 104 to answer a
11            question or otherwise give information or produce anything,
12            none of the following is admissible in evidence in any civil or
13            criminal proceedings against the individual other than
14            proceedings for perjury or for an offence arising from the false
15            or misleading nature of the answer or information given --
16              (a) an answer given by the individual that was given to
17                    comply with the requirement;
18              (b) the fact that any information that was given by the
19                    individual to comply with the requirement was given;
20              (c) the fact that anything that was produced by the
21                    individual to comply with the requirement was
22                    produced.
23      (4)   Nothing in this Act prevents --
24             (a) an individual from refusing to answer a question or
25                   otherwise give information or produce a document or
26                   other thing because the answer or information might, or
27                   the document or thing contains information that might,
28                   incriminate the individual or render the individual liable
29                   to a penalty; or
30             (b) a person refusing to answer a question or otherwise give
31                   information or produce a document or other thing
32                   because the answer or information would relate to, or



                                                                        page 79
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 4        Enforcement powers
     s. 106


1                     the document or thing contains, information in respect
2                     of which the person claims legal professional privilege.
3       (5)    A document or thing --
4               (a) that is produced in compliance with a requirement under
5                    section 104; and
6               (b) for which a person entitled to possession of it claims
7                    legal professional privilege for all or some of the
8                    information in it,
9              must be dealt with in accordance with the Criminal
10             Investigation Act 2006 section 151 as if it were a business
11             record produced under an order to produce issued under
12             section 53 of that Act.

13   106.      Police direction to move on
14      (1)    A police officer who has reason to suspect that a person has
15             committed, or intends to commit, an offence under section 9
16             or 10 in relation to a public place may, in writing in a form
17             approved by the Commissioner, direct the person to move away
18             from that place and a surrounding area specified in the direction,
19             and stay away from it for a period of not more than 24 hours
20             specified in the direction.
21      (2)    A person must not, without lawful excuse, contravene a
22             direction given under subsection (1).
23             Penalty:
24                  (a) for a first offence, a fine of $6 000;
25                  (b) for a second or subsequent offence, imprisonment for
26                        one year.

27   107.      Detain, search and seize without warrant
28      (1)    In this section --
29             conveyance means anything used or capable of being used to
30             transport people or goods by air, land or water, and it does not
31             matter how it is propelled or that it may ordinarily be stationary;


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                                            Enforcement powers       Division 4
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1             offence means an offence under this Act.
2       (2)   A police officer may without a warrant stop, detain and search
3             anyone whom the police officer suspects on reasonable grounds
4             to be --
5               (a) committing an offence; or
6               (b) carrying anything that will afford evidence as to the
7                    commission of an offence.
8       (3)   A police officer may without a warrant stop, detain and search
9             any conveyance where the police officer suspects on reasonable
10            grounds that there is --
11              (a) anyone who is committing an offence; or
12              (b) anything that will afford evidence as to the commission
13                   of an offence.
14      (4)   The power to stop and detain a conveyance includes the power
15            to detain anyone in or on the conveyance for as long as is
16            reasonably necessary to search the conveyance even though,
17            until the conveyance has been searched, the person may not be
18            suspected of anything because of which the person can be
19            detained under subsection (2).
20      (5)   A police officer may without a warrant seize anything that the
21            police officer suspects on reasonable grounds will afford
22            evidence as to the commission of an offence.

23   108.     Detain, search and seize with warrant
24      (1)   If a justice is satisfied that there are reasonable grounds for
25            suspecting that there is in a place anything that will afford
26            evidence as to the commission of an offence under this Act, the
27            justice may grant a warrant of search and seizure in relation to
28            that place.
29      (2)   A warrant under subsection (1) authorises any police officer at
30            any time, with such assistance as the police officer thinks
31            necessary and with such force as is reasonably necessary --
32              (a) to enter the place at any time; and

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     Division 4        Enforcement powers
     s. 109


1               (b)   to search the place; and
2               (c)   to stop, detain and search anyone in the place; and
3               (d)   to seize anything that the police officer suspects on
4                     reasonable grounds will afford evidence as to the
5                     commission of an offence under this Act.
6       (3)    The authority given by a warrant lapses at the end of a period of
7              30 days after it was granted and, until it lapses or the purpose
8              for which it was given is satisfied, the authority it gives may be
9              exercised from time to time unless the warrant expressly limits
10             that authority.

11   109.      Warrant may be obtained remotely
12      (1)    An application for a warrant under section 108 may be initially
13             submitted by telephone, fax, radio or another form of
14             communication if the applicant considers it necessary because
15             of urgent circumstances or the applicant's remote location.
16      (2)    Before submitting an application under this section, the
17             applicant must prepare a written application setting out the
18             grounds for seeking the warrant and describing the place to
19             which the warrant relates.
20      (3)    If an application is submitted under this section, the information
21             in the written application required by subsection (2) must be
22             verified by affidavit and, if it is necessary to do so, the
23             application may be submitted before the affidavit has been
24             sworn.
25      (4)    When issuing a warrant upon an application submitted under
26             this section, the justice must --
27               (a) complete and sign the warrant; and
28               (b) inform the applicant of the terms of the warrant and the
29                     date on which and the time at which it was signed; and
30               (c) record on the warrant the reasons for issuing the
31                     warrant; and
32               (d) send a copy of the warrant to the applicant.

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                                            Enforcement powers       Division 4
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1       (5)   If a warrant is issued upon an application submitted under this
2             section, the applicant may complete a form of warrant in the
3             terms indicated by the justice under subsection (4)(b) if the
4             applicant writes on it the name of the justice who issued the
5             warrant and the date on which, and the time at which, it was
6             signed.
7       (6)   If the applicant completes a form of warrant in accordance with
8             subsection (5), the applicant must send to the justice who signed
9             the warrant, not later than the day next following the day on
10            which the warrant ceases to have effect, the form of warrant
11            completed by the person and the affidavit sworn in connection
12            with the warrant.
13      (7)   On receiving the documents referred to in subsection (6), the
14            justice must attach them to the warrant signed by the justice and
15            deal with the documents in the manner in which the justice
16            would have dealt with the affidavit if the application for the
17            warrant had not been submitted under this section.
18      (8)   A form of warrant completed in accordance with subsection (5)
19            must be treated as the warrant itself.

20   110.     Provisions about searching a person
21      (1)   In this section --
22            medical practitioner means a person who is registered under the
23            Health Practitioner Regulation National Law (Western
24            Australia) in the medical profession;
25            registered nurse means a person who is registered under the
26            Health Practitioner Regulation National Law (Western
27            Australia) in the nursing and midwifery profession whose name
28            is entered on Division 1 of the Register of Nurses kept under
29            that Law as a registered nurse.
30      (2)   A police officer cannot conduct a search of a person under this
31            Part unless of the same sex as the person searched.




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     Part 7            Enforcement
     Division 4        Enforcement powers
     s. 110


1       (3)    If a police officer of the same sex as the person to be searched is
2              not immediately available to conduct the search, another police
3              officer may --
4                 (a) cause the search to be conducted, under the direction of
5                       a police officer, by another person of the same sex as the
6                       person to be searched; or
7                (b) detain the person for as long as is reasonably necessary
8                       for the person to be searched in accordance with this
9                       section; or
10                (c) convey or conduct the person to a place where the
11                      person can be searched in accordance with this section.
12      (4)    Nothing in this Part authorises a search by way of an
13             examination of the body cavities of a person unless it is
14             conducted --
15               (a) under subsection (6) by a medical practitioner or a
16                    registered nurse; and
17               (b) in accordance with subsection (7) if relevant.
18      (5)    A police officer may arrange for a medical practitioner or
19             registered nurse nominated by the police officer to examine the
20             body cavities of the person to be searched and may --
21               (a) detain the person until the arrival of that medical
22                     practitioner or registered nurse; or
23               (b) convey or conduct the person to that medical
24                     practitioner or registered nurse.
25      (6)    A medical practitioner or registered nurse may conduct an
26             examination arranged by a police officer under subsection (5)
27             and no action lies against the medical practitioner or registered
28             nurse in respect of anything reasonably done for the purposes of
29             the examination.
30      (7)    A strip search or an examination of the body cavities of a person
31             who is a child or an incapable person (the protected person)
32             must, if practicable, be done in the presence of a responsible
33             person or some other person who can provide the protected


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                                            Enforcement powers       Division 4
                                                                          s. 111


1             person with support and represent the protected person's
2             interests.
3       (8)   In subsection (7) --
4             incapable person means a person who, because of intellectual
5             disability, mental illness, brain damage or senility, is incapable
6             of understanding the general nature and effect of, and the reason
7             for and the consequences of undergoing, an examination of the
8             person's body cavities;
9             responsible person, in relation to a child, has the meaning given
10            to that term in the Criminal Investigation Act 2006 section 73;
11            responsible person, in relation to an incapable person, has the
12            meaning given to that term in the Criminal Investigation
13            Act 2006 section 73;
14            strip search means a search that involves any action referred to
15            in the Criminal Investigation Act 2006 section 64(1).

16   111.     Retaining something seized but not forfeited
17      (1)   This section applies to anything seized under this Act that --
18             (a) is not forfeited to the Crown; and
19             (b) a court has not ordered to be delivered to a person under
20                   section 112(1)(b) or 113(6).
21      (2)   A police officer may retain anything to which this section
22            applies if --
23              (a) it is required --
24                       (i) for the investigation of an offence under this Act
25                            or the prosecution of someone for an offence
26                            under this Act; or
27                      (ii) for the purposes of a matter that is being dealt
28                            with by a juvenile justice team;
29                    or
30              (b) no person has satisfied the Commissioner that the person
31                    is lawfully entitled to possess it.


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     Division 4        Enforcement powers
     s. 112


1       (3)    Anything to which this section applies that cannot be retained
2              under subsection (2) must be returned to the person from whom
3              it was seized.

4    112.      Forfeiture and delivery on conviction
5       (1)    A court convicting a person of an offence under this Act may
6              order that --
7                (a) anything relating to the offence, whether or not it has
8                      been seized and retained by a police officer under this
9                      Act, is forfeited to the Crown; or
10               (b) anything relating to the offence that has been seized and
11                     retained by a police officer under this Act be delivered
12                     to another person who is lawfully entitled to possess it.
13      (2)    A person claiming to be lawfully entitled to possess anything in
14             respect of which an order may be made under subsection (1)(b)
15             may, in connection with the making of an order --
16               (a) be heard in the proceedings for the offence; and
17               (b) make an application under the Criminal Procedure
18                     Act 2004 section 71 as if the person were a party to the
19                     prosecution for the offence; and
20               (c) appeal against the order under the Criminal Appeals
21                     Act 2004 Part 2.

22   113.      Forfeiture and delivery other than on conviction
23      (1)    A person claiming to be lawfully entitled to possess anything
24             seized and retained under this Act may, if the application is not
25             prevented by subsection (2) and the last day for applying has not
26             passed, apply to the Magistrates Court for an order that the thing
27             be delivered to the person.
28      (2)    An application cannot be made under subsection (1) for an order
29             for the delivery of anything if --
30               (a) an order has been made under section 112(1) for its
31                     forfeiture or delivery; or


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                                                Enforcement            Part 7
                                         Enforcement powers       Division 4
                                                                       s. 113


1           (b)    a relevant juvenile justice team matter that has
2                  commenced has not been finally disposed of by the
3                  team; or
4            (c)   a relevant charge that has been laid has not been
5                  withdrawn or heard and determined.
6    (3)   In subsection (2) --
7          relevant charge means a charge of an offence to which the thing
8          that was seized relates;
9          relevant juvenile justice team matter means a matter to which
10         the thing that was seized relates that is or was being dealt with
11         by a juvenile justice team.
12   (4)   The last day for applying for an order under subsection (1) is the
13         21st day after the day on which the thing was seized unless the
14         last day for applying is postponed by subsection (5).
15   (5)   If, for any part of the time when an application could otherwise
16         be made in accordance with subsection (4), the making of the
17         application is prevented by subsection (2)(b) or (c), the last day
18         for applying (whether under subsection (4) or as postponed by
19         this subsection) is postponed until the 21st day after the day on
20         which the making of the application ceases to be prevented by
21         subsection (2)(b) or (c).
22   (6)   On an application under subsection (1), the court may order that
23         the thing seized be delivered to the person making the
24         application if the court is satisfied on the balance of
25         probabilities that the person is lawfully entitled to possess it.
26   (7)   The court may adjourn the application if it is satisfied that the
27         thing seized should, for the time being, continue to be retained
28         because it is required for a reason described in
29         section 111(2)(a).
30   (8)   If the last day for applying under subsection (1) for an order for
31         the delivery of a thing has passed and either no application has
32         been made or each application made has been dealt with without



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     Division 5        Prohibition orders
     s. 114


1              ordering that the thing be delivered to a person, that thing is
2              forfeited to the Crown.

3    114.      Disposal of thing forfeited
4       (1)    If anything is forfeited to the Crown under this Act, the
5              Commissioner may direct that it be sold, destroyed, or otherwise
6              disposed of, as the Commissioner thinks fit, unless
7              subsection (2) prevents the Commissioner from giving the
8              direction.
9       (2)    If anything is forfeited to the Crown --
10                (a) by an order under section 112(1)(a); or
11               (b) after an order dismissing an application under
12                     section 113(1),
13             the Commissioner is not to give a direction under subsection (1)
14             before the expiration of the time allowed for instituting an
15             appeal against the order or, if an appeal is lodged within that
16             time, before the determination of the appeal.

17   115.      Powers to assist seizing things
18             The Criminal Investigation Act 2006 sections 146 to 150, with
19             any necessary changes, apply to and in respect of seizing a thing
20             that is or may be seized under this Act.

21                       Division 5 -- Prohibition orders
22   116.      Terms used
23             In this Division --
24             employer includes a person who engages another person to
25             work under a contract for services;
26             prohibition order means an order made under section 120;
27             relevant person means the person who, as the case requires, is
28             the subject of --
29               (a) an application under section 117; or


     page 88
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                                                   Enforcement              Part 7
                                               Prohibition orders      Division 5
                                                                            s. 117


1               (b) a prohibition order;
2             specified means specified in a prohibition order.

3    117.     Commissioner may apply for prohibition orders
4             The Commissioner may apply to the CEO in a form approved
5             by the CEO for an order to be made in respect of a person
6             that --
7               (a) prohibits the relevant person from working for --
8                        (i) a specified business involving the provision of
9                            prostitution; or
10                      (ii) a prostitution business of a specified class; or
11                     (iii) any prostitution business;
12                    or
13              (b) prohibits the relevant person from entering --
14                       (i) a specified place in which a prostitution business
15                           is conducted; or
16                      (ii) a place in which a prostitution business of a
17                           specified kind is conducted; or
18                     (iii) any place in which a prostitution business is
19                           conducted.

20   118.     Evidence in support of application
21      (1)   An application under section 117 must --
22             (a) set out the reasons in support of the Commissioner's
23                   opinion that a prohibition order should be made in
24                   respect of the relevant person; and
25             (b) set out any other information and be accompanied by
26                   any document that the Commissioner considers relevant
27                   to the application.




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     Prostitution Bill 2011
     Part 7            Enforcement
     Division 5        Prohibition orders
     s. 119


1       (2)    Without limiting subsection (1), the Commissioner is authorised
2              to include in or with the application --
3                (a) details of any criminal convictions of the relevant person
4                      for offences under the law of the Commonwealth or a
5                      State or Territory; and
6                (b) any information that the Commissioner has regarding
7                      any involvement, or suspected involvement, of the
8                      relevant person in serious and organised crime as
9                      defined in the Australian Crime Commission (Western
10                     Australia) Act 2004 section 3(1).

11   119.      Relevant person to be given notice of application
12      (1)    The CEO must give the relevant person a written notice that --
13              (a) states that the application has been made and explains
14                   the proposed effect of the order applied for; and
15              (b) describes the information and documents provided in
16                   support of the application; and
17              (c) informs the relevant person that he or she will be given a
18                   reasonable opportunity to make submissions or to be
19                   heard in relation to the application.
20      (2)    Nothing in subsection (1) requires or authorises the CEO to
21             disclose confidential police information.

22   120.      CEO may make prohibition orders
23      (1)    The CEO may dispose of the application --
24              (a) by making a prohibition order; or
25              (b) by dismissing the application; or
26              (c) at the request of the Commissioner -- by discontinuing
27                   the application.
28      (2)    The CEO may make a prohibition order that --
29              (a) prohibits the relevant person from working for --
30                    (i) a specified business involving the provision of
31                         prostitution; or

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                                               Prohibition orders      Division 5
                                                                            s. 121


1                      (ii) a prostitution business of a specified class; or
2                     (iii) any prostitution business;
3                    or
4              (b)   prohibits the relevant person from entering --
5                       (i) a specified place in which a prostitution business
6                           is conducted; or
7                      (ii) a place in which a prostitution business of a
8                           specified kind is conducted; or
9                     (iii) any place in which a prostitution business is
10                          conducted.
11      (3)   The CEO may make a prohibition order only if satisfied that it
12            is in the public interest to do so after --
13              (a) having given the relevant person a reasonable
14                     opportunity to make submissions or to be heard in
15                     relation to the application; and
16              (b) having regard to --
17                       (i) any information or document provided by the
18                             Commissioner in or with the application; and
19                      (ii) any information or document provided by the
20                             relevant person under paragraph (a).
21      (4)   A prohibition order has effect subject to such terms or
22            conditions as the CEO thinks fit and specifies in the order.

23   121.     Term of prohibition orders
24      (1)   The CEO must specify in a prohibition order the term for which
25            the prohibition order remains in force.
26      (2)   The term cannot be for less than one year or more than 5 years
27            after the prohibition order is made, but an application may be
28            made for a further prohibition order.




                                                                         page 91
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 5        Prohibition orders
     s. 122


1    122.      Applications to vary or revoke prohibition orders
2       (1)    The Commissioner or the relevant person may apply to the CEO
3              in a form approved by the CEO for an order varying or revoking
4              a prohibition order.
5       (2)    If the application is made --
6                 (a) by the Commissioner, the relevant person is the
7                      respondent; or
8                (b) by the relevant person, the Commissioner is the
9                      respondent.
10      (3)    The application must --
11              (a) set out the reasons in support of the applicant's opinion
12                    that the prohibition order should be varied or revoked;
13                    and
14              (b) set out any other information and be accompanied by
15                    any document that the applicant considers relevant to the
16                    application.

17   123.      Respondent to be given notice of application
18      (1)    The CEO must give the respondent a written notice that --
19              (a) states that the application under section 122 has been
20                   made and explains the proposed effect of the order
21                   applied for; and
22              (b) describes the information and documents provided in
23                   support of the application; and
24              (c) informs the respondent that he or she will be given a
25                   reasonable opportunity to make submissions or to be
26                   heard in relation to the application.
27      (2)    Nothing in subsection (1) requires or authorises the CEO to
28             disclose confidential police information.




     page 92
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                                                    Enforcement              Part 7
                                                Prohibition orders      Division 5
                                                                             s. 124


1    124.     CEO may vary or revoke prohibition orders
2       (1)   The CEO may dispose of an application under section 122 --
3              (a) by making an order that varies or revokes a prohibition
4                   order; or
5              (b) by dismissing the application; or
6              (c) at the request of the applicant -- by discontinuing the
7                   application.
8       (2)   The CEO may make an order varying or revoking a prohibition
9             order only if satisfied that it is in the public interest to do so --
10              (a) having given the respondent a reasonable opportunity to
11                   make submissions or to be heard in relation to the
12                   application; and
13              (b) having regard to --
14                      (i) any information or document provided by the
15                            applicant in or with the application; and
16                     (ii) any information or document provided by the
17                            respondent under paragraph (a).

18   125.     Notification of orders
19      (1)   If the CEO makes a prohibition order, the CEO must give a
20            copy of the order --
21               (a) to the relevant person; and
22              (b) to the Commissioner; and
23               (c) if the order is made under section 120(2)(a) and the
24                    CEO is aware that the relevant person is working for a
25                    business to which the order applies -- to the relevant
26                    person's employer.
27      (2)   If the CEO makes an order varying or revoking a prohibition
28            order, the CEO must give a copy of the order --
29               (a) to the applicant and the respondent; and




                                                                          page 93
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 6        Barring notices
     s. 126


1                (b)   if a copy of the prohibition order that was varied or
2                      revoked was given to the relevant person's employer
3                      under subsection (1)(c), to that employer.
4       (3)    The CEO is also to give to the applicant and the respondent
5              written notice of the reasons for the decision to make the order,
6              and the right of review under section 153.
7       (4)    Nothing in subsection (3) requires or authorises the CEO to
8              disclose confidential police information.
9       (5)    If the State Administrative Tribunal varies or sets aside a
10             decision of the CEO to make, vary or revoke a prohibition
11             order, the CEO must so inform the relevant person's employer if
12             the employer was given a copy of the order under
13             subsection (1)(c).

14   126.      Compliance with prohibition order
15      (1)    A person who is given a copy of a prohibition order under
16             section 125(1)(a) must comply with the order.
17             Penalty: a fine of $10 000.
18      (2)    A person who is given a copy of a prohibition order under
19             section 125(1)(c) must not allow the relevant person to continue
20             working for a business to which the order applies in
21             contravention of the order.
22             Penalty: a fine of $10 000.

23                         Division 6 -- Barring notices
24   127.      Terms used
25             In this Division --
26             approved means approved by the Commissioner;
27             notice means a notice under section 128(1);
28             specified means specified in a notice.




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                                                    Enforcement             Part 7
                                                  Barring notices      Division 6
                                                                            s. 128


1    128.     Barring notices by Commissioner
2       (1)   The Commissioner may give a notice to a person prohibiting the
3             person from entering --
4               (a) a specified place in which a prostitution business is
5                    conducted; or
6               (b) a place in which a prostitution business of a specified
7                    kind is conducted; or
8               (c) any place in which a prostitution business is conducted.
9       (2)   The Commissioner may give a notice only if the Commissioner
10            believes, on reasonable grounds, that the person has, in a place
11            in which a prostitution business is conducted --
12              (a) been violent or disorderly; or
13              (b) contravened a provision of any written law.
14      (3)   The notice must be in an approved form.
15      (4)   The Commissioner is also to give with a notice the reasons for
16            the decision to give the notice, and the person's rights of review
17            under subsection (10) and section 153.
18      (5)   Nothing in subsection (4) requires or authorises the
19            Commissioner to disclose confidential police information.
20      (6)   The notice has effect from the day the notice is given to the
21            person until the first of the following days --
22              (a) the specified day;
23              (b) if the notice is revoked under subsection (9) -- the day
24                   that the notice of revocation is given to the person;
25              (c) if the decision to give the notice is set aside on review
26                   under subsection (11) or section 153 -- the day of that
27                   decision.
28      (7)   The specified day cannot be more than 12 months after the day
29            on which the notice is given to the person.




                                                                         page 95
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 7        Closure notices and closure orders
     s. 129


1       (8)    A person who is given a notice must not enter a place in
2              contravention of the notice.
3              Penalty: a fine of $10 000.
4       (9)    The Commissioner may revoke a notice by giving to the person
5              a notice of revocation in an approved form.
6      (10)    A person who is aggrieved by a decision of the Commissioner
7              to give a notice may apply to the Commissioner for a review of
8              the decision.
9      (11)    The Commissioner, in dealing with an application under
10             subsection (10) may affirm, vary or set aside the decision that is
11             being reviewed.
12     (12)    The Commissioner --
13              (a) may give a copy of a notice to any person who holds an
14                   operator's licence or a manager's licence if the
15                   Commissioner is of the opinion that it is necessary to do
16                   so to minimise the risk of harm or injury to any person;
17                   and
18              (b) must give to a person given a copy of a notice under
19                   paragraph (a) --
20                     (i) a copy of a notice of revocation concerning that
21                          notice; and
22                    (ii) information about any variation or setting aside
23                          of the decision to give the notice made by the
24                          Commissioner under subsection (10) or by the
25                          State Administrative Tribunal.

26             Division 7 -- Closure notices and closure orders
27   129.      Terms used
28             In this Division --
29             closure notice means a notice issued under section 130;
30             closure offence provision means section 11(1), 15(1), 36(1)
31             or (2), 37(1) or 38(1);

     page 96
                                                            Prostitution Bill 2011
                                                     Enforcement            Part 7
                               Closure notices and closure orders      Division 7
                                                                            s. 130


1             closure order means an order made under section 135(2);
2             specified means specified in a closure notice or closure order.
3    130.     Closure notice for interim closure of certain places
4             A police officer may issue a notice --
5              (a) to prohibit any person, other than a person who owns or
6                    regularly occupies a specified place, from entering or
7                    remaining in the place; or
8              (b) to prohibit a specified visitor or specified class of visitor
9                    to a specified place from entering or remaining in the
10                   place.

11   131.     Requirements for issue of closure notice
12      (1)   A closure notice may be issued under subsection (2) or (3).
13      (2)   A closure notice may be issued in relation to a specified place if
14            the issuing police officer believes on reasonable grounds --
15              (a) that an offence under, or an act of prostitution in
16                    circumstances mentioned in, a closure offence
17                    provision --
18                       (i) has occurred in the specified place; or
19                      (ii) is occurring in the specified place; or
20                     (iii) is likely to occur in the specified place if a
21                            closure order is not made in relation to the place;
22                    and
23              (b) that the making of a closure order is necessary to
24                    prevent any offence under, or any act of prostitution in
25                    circumstances mentioned in, a closure offence provision
26                    from occurring in the specified place.
27      (3)   A closure notice may be issued in relation to a specified place
28            if --
29               (a) the issuing police officer believes on reasonable grounds
30                   that --
31                     (i) a prostitution business is being conducted in the
32                           specified place; and

                                                                         page 97
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 7        Closure notices and closure orders
     s. 131


1                       (ii)   the specified place is not a place to which a
2                              current operator's licence, or a current
3                              prostitute's licence (self-employed), applies;
4                      and
5               (b)    the Commissioner has received a written complaint
6                      alleging that a prostitution business is being conducted
7                      in the specified place --
8                         (i) from the Department; or
9                        (ii) from a local government; or
10                      (iii) from 3 unrelated adults.
11      (4)    In subsection (3)(b)(iii) --
12             3 unrelated adults means 3 adults each of whom --
13               (a) resides in different dwellings; and
14               (b) is not --
15                       (i) a child or step-child; or
16                      (ii) a parent or step-parent; or
17                     (iii) a sibling or step-brother or step-sister; or
18                     (iv) an aunt or uncle; or
19                      (v) a spouse or former spouse; or
20                     (vi) a de facto partner or former de facto partner,
21                    of either of the other 2 adults.
22      (5)    A closure notice cannot be issued unless a police officer who is
23             an Assistant Commissioner, the Deputy Commissioner or the
24             Commissioner authorises, orally or in writing, the issue of the
25             notice.
26      (6)    An authority under subsection (5) given orally must be
27             confirmed in writing as soon as is practicable.
28      (7)    A closure notice cannot be issued unless --
29              (a) an application has been made to the Magistrates Court
30                    for a closure order in relation to the specified premises;
31                    and

     page 98
                                                            Prostitution Bill 2011
                                                     Enforcement            Part 7
                               Closure notices and closure orders      Division 7
                                                                            s. 132


1              (b)    reasonable steps have been taken to establish the identity
2                     of each person who --
3                       (i) owns, or regularly occupies, the specified place;
4                             or
5                      (ii) owns, or regularly occupies, another place that is
6                             adjacent to the specified place whose access to
7                             the other place would be impeded if a closure
8                             order is made in relation to the specified place;
9                     and
10              (c)   reasonable steps have been taken to inform each person
11                    mentioned in paragraph (b) of the date, time and place
12                    of the hearing of the application for a closure order in
13                    relation to the specified place.

14   132.     Content of closure notice
15      (1)   A closure notice must --
16             (a) be in a form approved by the Commissioner; and
17             (b) state either or both of the following --
18                     (i) that a person, other than a person who owns, or
19                           regularly occupies a specified place, must not
20                           enter or remain in the place;
21                    (ii) that a specified visitor or specified class of
22                           visitor to a specified place must not enter or
23                           remain in the place;
24                   and
25             (c) state that failure to comply with the notice is an offence;
26                   and
27             (d) specify the matters mentioned in section 131(2)(a)
28                   and (b) or 131(3)(a) and (b) that are relevant to the case;
29                   and
30             (e) state the date, time and place of the hearing of the
31                   application for a closure order in relation to the specified
32                   place; and


                                                                         page 99
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 7        Closure notices and closure orders
     s. 133


1                 (f)   state that failure to comply with a closure order is an
2                       offence.
3       (2)     If section 131(3)(b)(iii) applies in a case, it is not necessary to
4               specify in the closure notice the identities of the 3 unrelated
5               adults.

6    133.       Service of closure notice
7       (1)     A closure notice is of no effect unless a copy of it --
8                (a) is affixed to a prominent part of the specified place and
9                      to each door to the place; and
10               (b) is given --
11                        (i) to at least one person who owns or regularly
12                             occupies the place; and
13                       (ii) to at least one person who regularly occupies
14                             each of the other places that is adjacent to the
15                             specified place whose access to the other place
16                             would be impeded if a closure order is made in
17                             relation to the specified place.
18      (2)     A police officer may enter and remain in a specified place for
19              the purpose of --
20                (a) affixing a closure notice to a prominent part of the
21                      specified place and to each door to the place; or
22                (b) giving a notice to a person in accordance with
23                      subsection (1)(b).
24      (3)     The CEO must be given a copy of each closure notice.

25   134.       Duration of closure notice
26              A closure notice has effect when section 133(1) has been
27              complied with until the application for the closure order in
28              relation to the specified premises is finalised.




     page 100
                                                            Prostitution Bill 2011
                                                     Enforcement            Part 7
                               Closure notices and closure orders      Division 7
                                                                            s. 135


1    135.     Provisions about making closure order
2       (1)   The Magistrates Court must endeavour to ensure that the first
3             listing date for an application for a closure order is not more
4             than 7 days after the application is made.
5       (2)   On an application for a closure order in relation to a specified
6             place the Magistrates Court may order either or both of the
7             following --
8               (a) that a person, other than a person who owns, or regularly
9                     occupies the specified place, must not enter or remain in
10                    the place;
11              (b) that a specified visitor or specified class of visitor to the
12                    specified place must not enter or remain in the place.
13      (3)   A closure order may be made under subsection (4) or (5).
14      (4)   The Magistrates Court may make a closure order if it is satisfied
15            (on the balance of probabilities) --
16              (a) that an offence under, or an act of prostitution in
17                    circumstances mentioned in, a closure offence
18                    provision --
19                       (i) has occurred in the specified place; or
20                      (ii) is occurring in the specified place; or
21                     (iii) is likely to occur in the specified place if a
22                           closure order is not made in relation to the place;
23                    and
24              (b) that the making of a closure order is necessary to
25                    prevent any offence under, or any act of prostitution in
26                    circumstances mentioned in, a closure offence provision
27                    from occurring in the specified place.
28      (5)   The Magistrates Court may make a closure order if it is satisfied
29            (on the balance of probabilities) that --
30              (a) a prostitution business is being conducted in the
31                    specified place; and



                                                                        page 101
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 7        Closure notices and closure orders
     s. 136


1                (b)   the specified place is not a place to which a current
2                      operator's licence, or a current prostitute's licence
3                      (self-employed), applies.
4       (6)     The Magistrates Court is not to make a closure order unless it is
5               satisfied --
6                 (a) that reasonable steps have been taken to establish the
7                       identity of each person who --
8                          (i) owns, or regularly occupies, the specified place;
9                               or
10                        (ii) owns, or regularly occupies, another place that is
11                              adjacent to the specified place whose access to
12                              the other place would be impeded if a closure
13                              order is made in relation to the specified place;
14                      and
15                (b) that reasonable steps have been taken to inform each
16                      person mentioned in paragraph (a) of the date, time and
17                      place of the hearing of the application.
18      (7)     If a court makes a closure order it may make such ancillary
19              orders as it thinks appropriate in relation to --
20                 (a) restrictions on access to a specified part or parts of a
21                      specified place; or
22                (b) restrictions on access by a specified person or specified
23                      class of persons including a person who owns, regularly
24                      occupies, or visits a specified place; or
25                 (c) any other matter relevant to the enforcement of the
26                      order.

27   136.       Term of closure order
28      (1)     The court must specify in a closure order the term for which the
29              closure order remains in force.
30      (2)     The term cannot be for more than 6 months after the closure
31              order is made.



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                                                    Enforcement             Part 7
                                               Restraining orders      Division 8
                                                                            s. 137


1       (3)   An application may be made for the term of a closure order to
2             be extended but the extended term cannot be for more than
3             6 months after the original closure order was made.

4    137.     Service of closure order
5       (1)   A closure order is of no effect unless a copy of it is affixed to a
6             prominent part of the specified place and to each door to the
7             place.
8       (2)   A police officer may enter and remain in a specified place for
9             the purpose of affixing a closure order to a prominent part of the
10            specified place and to each door to the place.
11      (3)   The CEO must be given a copy of each closure order.

12   138.     Breach of closure notice, closure order
13            A person must not enter or remain in a place in contravention of
14            a closure notice or a closure order.
15            Penalty: a fine of $12 000 or imprisonment for one year.

16                     Division 8 -- Restraining orders
17   139.     Term used: restraining order
18            In this Division, unless the contrary intention appears --
19            restraining order means a restraining order made under
20            section 140 or 141.

21   140.     Restraining order to prevent further offence
22            A court may make a restraining order if the court --
23             (a) finds that a person has committed --
24                     (i) an offence under section 9 or 10; or
25                    (ii) an offence under this Act that is prescribed for
26                         the purposes of this section;
27                   and



                                                                         page 103
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 8        Restraining orders
     s. 141


1                (b)    is satisfied that, unless restrained, the person is
2                       subsequently likely to commit an offence of a similar
3                       kind; and
4                 (c)   considers that making the order would be appropriate in
5                       the circumstances.

6    141.       Restraining order against person who could be required to
7               move on
8       (1)     If circumstances arise that would give sufficient grounds for a
9               police officer to give a person a direction under section 106 and
10              that person has previously been given a direction under that
11              provision, the police officer may apply for a restraining order
12              against the person.
13      (2)     The application must be made --
14               (a) if the person against whom the order is sought is a child,
15                     to the Children's Court; or
16               (b) otherwise, to the Magistrates Court.
17      (3)     If the court to which the application is made considers it
18              appropriate in the circumstances to do so, it may make a
19              restraining order.

20   142.       Provisions about making the order
21      (1)     A court is not to make a restraining order against a person
22              unless the person has been given an opportunity to be heard on
23              the matter.
24      (2)     If a restraining order has been, or is about to be, made against a
25              person and the person is present, the court may, in order to
26              facilitate service of the restraining order, order the person to
27              remain in a place designated by the court for a period of not
28              more than one hour until the order is served on the person.

29   143.       Terms of restraining order
30      (1)     If the restraining order is made under section 140, it may
31              impose any restraints on the lawful activities and behaviour of

     page 104
                                                            Prostitution Bill 2011
                                                    Enforcement             Part 7
                                               Restraining orders      Division 8
                                                                            s. 144


1             the person against whom it is made that the court considers
2             appropriate to prevent the person from subsequently committing
3             an offence similar in kind to the offence the person is found to
4             have committed or from subsequently giving a police officer
5             grounds for giving the person a direction under section 106.
6       (2)   If the restraining order is made under section 141, it may
7             impose any restraints on the lawful activities and behaviour of
8             the person against whom it is made that the court considers
9             appropriate to prevent the person from subsequently giving a
10            police officer grounds for giving the person a direction under
11            section 106.
12      (3)   Without limiting the restraints that may be imposed, the order
13            may restrain the person against whom it is made from --
14             (a) being in or near a specified place or in a specified
15                   locality or place; or
16             (b) engaging in behaviour of a specified kind, either at all or
17                   in a specified place, at a specified time, or in a specified
18                   manner.
19      (4)   In subsection (3) --
20            specified means specified in the order.
21      (5)   A restraint may be imposed absolutely or on any terms the court
22            considers appropriate.
23      (6)   A restraining order may restrain the person against whom it is
24            made from entering or remaining in a place, or restrict the
25            person's access to a place, even if the person has a legal or
26            equitable right to be there.

27   144.     Duration of restraining order
28      (1)   A restraining order takes effect when it is served on the person
29            against whom it is made or, if a later time is specified in the
30            order, at that time.




                                                                        page 105
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 8        Restraining orders
     s. 145


1       (2)     Unless it is cancelled sooner, a restraining order remains in
2               effect for the period specified in the order or, if no period is
3               specified, for one year from the day on which it took effect.

4    145.       Variation or cancellation
5       (1)     An application for the court to vary or cancel a restraining order
6               may be made by a police officer nominated by the
7               Commissioner or, with the leave of the court, by the person
8               against whom the order was made.
9       (2)     The application must be made --
10               (a) if the person against whom the order was made is a
11                     child, to the Children's Court; or
12               (b) otherwise, to the Magistrates Court,
13              and must be accompanied by an affidavit in support of the
14              application.
15      (3)     If subsection (1) requires the leave of the court for an
16              application to be made, an application seeking leave must be
17              accompanied by an affidavit disclosing all facts material to the
18              application, whether supporting or adverse to the application,
19              that are known to the applicant.
20      (4)     Neither the application nor the affidavit can be served on the
21              person upon whose application the restraining order was made
22              (the respondent) unless the court orders under subsection (6)
23              that they must be served on the respondent.
24      (5)     Even though the giving of leave may not be prevented by
25              subsection (7), the court may refuse the application for leave if
26              it considers that --
27                 (a) the affidavit does not disclose everything required by
28                      subsection (3) to be disclosed; or
29                 (b) the facts disclosed by the affidavit do not give sufficient
30                      reason to vary or cancel the restraining order.




     page 106
                                                            Prostitution Bill 2011
                                                    Enforcement             Part 7
                                               Restraining orders      Division 8
                                                                            s. 146


1       (6)   Before the court grants an application for leave it must --
2              (a) order that a copy of the application and accompanying
3                    affidavit be served on the respondent; and
4              (b) give the respondent an opportunity to oppose the
5                    application for leave.
6       (7)   Leave is not to be given unless the court is satisfied there has
7             been a substantial change in the relevant circumstances since the
8             restraining order was made.
9       (8)   The person against whom a restraining order was made and the
10            respondent must be given an opportunity to be heard at the
11            hearing of an application to vary or cancel the order.
12      (9)   At the hearing of the application to vary or cancel a restraining
13            order, the court may receive as evidence any record of evidence
14            given or affidavit filed in connection with an application for
15            leave mentioned in subsection (3).
16    (10)    The court may dispose of the application to vary or cancel a
17            restraining order by --
18              (a) dismissing the application; or
19              (b) making a new restraining order in addition to the
20                    original restraining order; or
21              (c) cancelling the original restraining order with or without
22                    making a new restraining order.
23    (11)    Anything in this Division that applies to a restraining order
24            made in the first instance also applies to a new restraining order
25            made under this section.

26   146.     Court to notify parties of decision
27            If a person who was entitled to be given an opportunity to be
28            heard was not present when the court disposed of the
29            application to vary or cancel a restraining order, the registrar
30            must notify the person of how the application was disposed of.



                                                                        page 107
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 8        Restraining orders
     s. 147


1    147.       When cancellation takes effect
2               The cancellation of a restraining order has effect --
3                (a) if another restraining order is made when the original
4                      order is cancelled, at the time the new order takes effect;
5                      or
6                (b) otherwise, at the conclusion of the hearing at which the
7                      order was cancelled.

8    148.       Provisions about children
9       (1)     A restraining order must not be made against a child who is
10              under 10 years of age.
11      (2)     In an application to vary or cancel a restraining order against a
12              child, the Young Offenders Act 1994 section 45 applies as if the
13              matter were proceedings for an offence.
14      (3)     If the Children's Court hears an application for a restraining
15              order under section 141 against a person or an application to
16              vary or cancel a restraining order against a person in the belief
17              that the person is a child when in fact the person is not a
18              child --
19                 (a) as soon as it becomes aware the person is not a child, the
20                      Children's Court must transfer the matter to the
21                      Magistrates Court; and
22                (b) the Children's Court proceedings are not, for that
23                      reason, invalidated; and
24                 (c) an order made by the Children's Court before it became
25                      aware the person was not a child, is as valid and has the
26                      same effect as if it had been made by the Magistrates
27                      Court.




     page 108
                                                            Prostitution Bill 2011
                                                    Enforcement             Part 7
                                               Restraining orders      Division 8
                                                                            s. 149


1       (4)   If the Magistrates Court hears an application for a restraining
2             order under section 141 against a person or an application to
3             vary or cancel a restraining order against a person in the belief
4             that the person is not a child when in fact the person is a
5             child --
6                (a) as soon as it becomes aware the person is a child, the
7                     Magistrates Court must transfer the matter to the
8                     Children's Court; and
9               (b) the Magistrates Court proceedings are not, for that
10                    reason, invalidated; and
11               (c) an order made by the Magistrates Court before it
12                    became aware the person was a child, is as valid and has
13                    the same effect as if it had been made by the Children's
14                    Court.
15      (5)   If a court transfers a matter to another court under this section,
16            the registrar of each court must give effect to the transfer.

17   149.     Order not to conflict with family order
18            If a court does not have jurisdiction to adjust a family order,
19            within the meaning of the Restraining Orders Act 1997
20            section 5, the court is not to make a restraining order that
21            conflicts with that family order.

22   150.     Regulations relating to restraining order applications
23            The regulations may provide for --
24             (a) the making of applications for the making, variation or
25                   cancellation of restraining orders; and
26             (b) the making of applications seeking leave to make an
27                   application for the variation or cancellation of
28                   restraining orders; and
29             (c) the procedure on the hearing of such applications.




                                                                         page 109
     Prostitution Bill 2011
     Part 7            Enforcement
     Division 9        Undercover officers
     s. 151


1    151.       Breach of restraining order
2               A person must not contravene a restraining order made against
3               the person.
4               Penalty: a fine of $5 000.

5                       Division 9 -- Undercover officers
6    152.       Undercover officers
7       (1)     In this section --
8               Minister means the Minister responsible for the administration
9               of the Police Act 1892;
10              offence means an offence under this Act;
11              undercover officer means a police officer acting as an
12              undercover officer under this section.
13      (2)     The Commissioner may, in writing, authorise a police officer to
14              act as an undercover officer and may in writing revoke that
15              authority.
16      (3)     Before authorising a police officer to act as an undercover
17              officer the Commissioner must ensure that the police officer is a
18              suitable person to have the functions of, and the immunity given
19              to, an undercover officer.
20      (4)     The identity or purpose of an undercover officer may, for the
21              time being, be concealed or misrepresented for the purpose of
22              detecting the commission of an offence.
23      (5)     An undercover officer may do anything specified in the
24              authorisation given by the Commissioner for the purpose of
25              detecting the commission of an offence.
26      (6)     If an undercover officer does anything as described in
27              subsection (5) --
28                 (a) the Commissioner and the undercover officer do not
29                      commit an offence and are not liable as a party to an
30                      offence committed by another person; and


     page 110
                                                      Prostitution Bill 2011
                                               Enforcement            Part 7
                                         Undercover officers     Division 9
                                                                      s. 152


1          (b)   the undercover officer's evidence in any proceedings
2                against another person for an offence in connection with
3                which the undercover officer did anything as described
4                in subsection (5) is not the evidence of an accomplice.
5   (7)   The Commissioner is required, whenever requested to do so by
6         the Minister, to give the Minister a report in writing containing
7         such particulars of the activities of undercover officers as the
8         Minister requires.




                                                                   page 111
     Prostitution Bill 2011
     Part 8            Review by State Administrative Tribunal

     s. 153



1       Part 8 -- Review by State Administrative Tribunal
2    153.       Review
3       (1)     A person who is aggrieved by a decision of the CEO --
4                (a) to refuse to issue or renew a licence; or
5                (b) about the imposition, variation or revocation of a licence
6                      condition; or
7                (c) to suspend or revoke a licence; or
8                (d) to make a prohibition order under section 120 or an
9                      order varying or revoking a prohibition order; or
10               (e) to refuse to give approval under section 180 or about the
11                     imposition of a condition on an approval,
12              may apply to the State Administrative Tribunal for a review of
13              the decision.
14      (2)     The Commissioner is a party to a review under subsection (1).
15      (3)     A person who is aggrieved by a decision of the Commissioner
16              to give a barring notice under section 128(1) may apply to the
17              State Administrative Tribunal for a review of the decision,
18              whether or not the person has made an application under
19              section 128(10).
20      (4)     Subsection (3) applies only if the notice --
21               (a) has effect for one month or longer; or
22               (b) has effect for any shorter period that, when added to the
23                     period of any barring notice previously given to the
24                     person in respect of the place or a place of the particular
25                     class (as the case requires) that is the subject of the
26                     notice, results in the person being prohibited from that
27                     place or that class of place for longer than one month in
28                     any 12 month period.




     page 112
                                                            Prostitution Bill 2011
                                                        Evidence            Part 9

                                                                            s. 154



1                             Part 9 -- Evidence
2    154.     Allegations in prosecution notices
3       (1)   In this section --
4             specified means specified in the prosecution notice.
5       (2)   In proceedings for an offence under this Act, an allegation in the
6             prosecution notice that at a specified time a licence of a
7             specified kind was or was not in effect in relation to a specified
8             person is to be taken to be proved in the absence of evidence to
9             the contrary.
10      (3)   In proceedings for an offence under section 18(1), (2) or (4), 19,
11            20(1) or (2), 21, 22, 23, 24, 25, 26, 28, 31(3) or (4), 32(3),
12            34(2), 35(2) or 41(1) or (3), an allegation in the prosecution
13            notice that a specified person was operating, managing or
14            conducting a prostitution business is to be taken to be proved in
15            the absence of evidence to the contrary.
16      (4)   In proceedings for an offence under section 17(2) or (3), an
17            allegation in the prosecution notice that a contract or
18            arrangement was for the promotion or publicising of a specified
19            person as a prostitute or a specified prostitution business is to be
20            taken to be proved in the absence of evidence to the contrary.

21   155.     Presumptions about intention
22      (1)   If, in proceedings for an offence under section 9(1) or 10(1), it
23            is proved that the accused was loitering in or frequenting a place
24            in circumstances giving reasonable grounds for suspecting that
25            the accused had an intention described in section 9(3)(b)
26            or 10(2)(b), it is to be presumed that the accused had that
27            intention unless the contrary is proved.
28      (2)   If, in proceedings for an offence under section 36(2), it is
29            proved that the accused was doing something in circumstances
30            giving reasonable grounds for suspecting that the person had an
31            intention described in section 36(2), it is to be presumed that the
32            accused had that intention unless the contrary is proved.

                                                                         page 113
     Prostitution Bill 2011
     Part 9            Evidence

     s. 156


1    156.       Presumptions about nature of advertisements
2       (1)     If, in proceedings for an offence under section 27(1), it is
3               proved that there are reasonable grounds for suspecting that an
4               advertisement was --
5                  (a) for a prostitution business; or
6                 (b) to the effect that a particular person is available to act as
7                        a prostitute,
8               it is to be presumed that the advertisement was for a prostitution
9               business, or to the effect that a particular person is available to
10              act as a prostitute, unless the contrary is proved.
11      (2)     Subsection (1) --
12               (a) applies if the accused is alleged to have placed, or to
13                     have sought to place, the publication of the
14                     advertisement that is the subject of the charge; but
15               (b) does not apply if the accused is alleged to have
16                     published the advertisement that is the subject of the
17                     charge.

18   157.       Accused presumed to know if person is a child
19              If, in proceedings for an offence under this Act, it is relevant
20              whether or not a person was a child, it is to be conclusively
21              presumed that the accused knew that the person was a child
22              unless it is proved that, having taken all reasonable steps to find
23              out the age of the person concerned, the accused believed on
24              reasonable grounds, at the time the offence is alleged to have
25              been committed, that the person concerned had reached 18 or
26              more years of age.

27   158.       Person residing with child prostitute presumed to receive
28              payment
29              If in proceedings for an offence under section 37(1) it is proved
30              that, at the time of the offence, the accused was residing with a
31              prostitute who was a child, the accused is presumed to be guilty
32              of the offence unless the contrary is proved.

     page 114
                                                           Prostitution Bill 2011
                                                       Evidence            Part 9

                                                                           s. 159


1    159.   Accused presumed to have allowed presence of child
2           If, in proceedings for an offence under section 40, it is proved
3           that a child was in a place at a particular time, the accused is
4           conclusively presumed to have allowed the child to enter or
5           remain in the place unless it is proved that the accused did not
6           know, and could not reasonably have known, that a child was in
7           the place at that time.

8    160.   Presumptions about operating or managing prostitution
9           business without licence
10          If, in proceedings for an offence under section 45(1) or (4)
11          or 46(1), it is proved that the accused was present in a place
12          and --
13             (a) the content, or manner of publication, of an
14                   advertisement gave reasonable grounds for suspecting
15                   that --
16                      (i) a prostitution business was being conducted in
17                           the place; or
18                     (ii) a particular person was available to act as a
19                           prostitute in the place;
20                   or
21            (b) also present in or outside the place were one or more
22                   persons who had been convicted of, or dealt with by
23                   way of infringement notice for, an offence under
24                   Part 2, 3, 5 or 6 of this Act or under the Prostitution
25                   Act 2000 Part 2 or 3; or
26             (c) the content, or manner, of a communication given by a
27                   person in the place gave reasonable grounds for
28                   suspecting that that person or another person was
29                   available to take part in an act of prostitution, whether in
30                   the place or elsewhere,
31          it is to be presumed that the accused was operating or managing
32          a prostitution business, as is relevant to the case, unless the
33          contrary is proved.


                                                                        page 115
     Prostitution Bill 2011
     Part 9            Evidence

     s. 161


1    161.       Presumptions about acting or operating as a prostitute
2               without licence or without verifying identity etc. for
3               operator
4               If, in proceedings for an offence under section 47(1) or (2), it is
5               proved that the accused was present in a place and --
6                  (a) the content, or manner of publication, of an
7                        advertisement gave reasonable grounds for suspecting
8                        that --
9                           (i) a prostitution business was being conducted in
10                               the place; or
11                         (ii) a particular person was available to act as a
12                               prostitute in the place;
13                       or
14                (b) also present in or outside the place were one or more
15                       persons who had been convicted of, or dealt with by
16                       way of infringement notice for, an offence under
17                       Part 2, 3, 5 or 6 of this Act or under the Prostitution
18                       Act 2000 Part 2 or 3; or
19                 (c) the content, or manner, of a communication given by a
20                       person in the place gave reasonable grounds for
21                       suspecting that that person or another person was
22                       available to take part in an act of prostitution, whether in
23                       the place or elsewhere,
24              it is to be presumed that the accused was acting as a prostitute,
25              or operating a prostitution business, in the place, as is relevant
26              to the case, unless the contrary is proved.

27   162.       Certificate evidence about licences
28      (1)     In this section --
29              specified means specified in a certificate.




     page 116
                                                             Prostitution Bill 2011
                                                         Evidence            Part 9

                                                                            s. 163


1       (2)   For the purposes of any proceedings under this Act, a certificate
2             purporting to be signed by the CEO or any person authorised by
3             the CEO for that purpose and stating any of the following --
4               (a) that on a specified date or during a specified period a
5                     person specified in the certificate was or was not the
6                     holder of an operator's licence, a manager's licence, a
7                     prostitute's licence (general) or a prostitute's licence
8                     (self-employed);
9               (b) any condition imposed under section 64 in respect of a
10                    specified licence;
11              (c) any other matter contained in the register at any time in
12                    respect of a specified licence or specified person,
13            is evidence of the facts stated in the certificate.

14   163.     Certificate that undercover officer was authorised
15            A certificate purporting to be signed by the Commissioner or
16            any person authorised by the Commissioner for that purpose and
17            stating that the person named in that certificate was, at the time
18            or during the period specified in that certificate --
19              (a) a police officer acting as an undercover officer under
20                     section 152; and
21              (b) authorised to do anything stated in the certificate,
22            is evidence of the facts stated in the certificate.

23   164.     Presumptions about authority to do certain things
24      (1)   In the absence of evidence to the contrary, proof is not required
25            in any proceedings for an offence under this Act --
26              (a) that the prosecutor is authorised to commence the
27                    prosecution; or
28              (b) that the prosecutor has the Commissioner's approval if
29                    required under section 167(3); or




                                                                         page 117
     Prostitution Bill 2011
     Part 9            Evidence

     s. 165


1                 (c)   that a signature on the prosecution notice alleging the
2                       offence is the signature of a person authorised to
3                       commence the prosecution.
4       (2)     In the absence of evidence to the contrary, proof is not required
5               in any proceedings under this Act --
6                 (a) that what purports to be a certificate under section 162
7                       or 163, is the certificate that it purports to be; or
8                 (b) of the signature or proof that the person signing was a
9                       person who could give the certificate.
10      (3)     For the purposes of any proceedings under this Act, it is not
11              necessary to prove the appointment or authorisation of --
12                (a) the CEO; or
13                (b) the Commissioner, an Assistant Commissioner or
14                      Deputy Commissioner of Police or any other police
15                      officer; or
16                (c) an authorised person as defined in section 92,
17              and a signature purporting to be the signature of such an office
18              holder is evidence of the signature it purports to be.

19   165.       Possession of quantity of sheaths not evidence of offence
20      (1)     In this section --
21              being involved in prostitution includes the following --
22                (a) taking part in, or seeking to take part in, an act of
23                       prostitution;
24                (b) inviting or otherwise seeking another person to take part
25                       in an act of prostitution;
26                (c) being involved in any business through which
27                       prostitution is provided.
28      (2)     In proceedings for an offence under this Act, evidence relating
29              to a person's possession of any quantity of sheaths as defined in
30              section 30 is not, of itself, evidence of that person, or any other
31              person, being involved in prostitution.


     page 118
                                                           Prostitution Bill 2011
                                            Prostitution Account         Part 10

                                                                          s. 166



1                   Part 10 -- Prostitution Account
2    166.     Prostitution Account
3       (1)   In this Part --
4             Minister means the Minister to whom the administration of this
5             Part is for the time being committed by the Governor.
6       (2)   An agency special purpose account called the Prostitution
7             Account is established under the Financial Management
8             Act 2006 section 16.
9       (3)   There is to be credited to the Account --
10             (a) the prescribed proportion of each fee paid under Part 6;
11                    and
12             (b) each fine paid in respect of a conviction for an offence
13                    under this Act; and
14             (c) the money paid as a modified penalty stated in each
15                    infringement notice issued for an alleged offence under
16                    this Act; and
17             (d) any money appropriated by Parliament for the purposes
18                    of the Account; and
19             (e) any money received by way of donation, or otherwise
20                    lawfully received, for the Account.
21      (4)   For the purposes of the Financial Management Act 2006 and the
22            Auditor General Act 2006 the Account is to be administered by
23            the department of the Public Service principally assisting the
24            Minister in the administration of this Part.
25      (5)   Money standing to the credit of the Account may be paid out of
26            the Account at the direction of the Minister, as reimbursement
27            or otherwise --
28              (a) for a purpose associated with the administration of this
29                    Act including the provision of support and information
30                    to people who wish to stop working in the prostitution
31                    industry; or


                                                                       page 119
    Prostitution Bill 2011
    Part 10           Prostitution Account

    s. 166


1               (b)   for a purpose associated with the enforcement of this
2                     Act; or
3               (c)   for the purpose of refunding, in whole or in part, a fee if
4                     the refund is in accordance with the regulations.




    page 120
                                                           Prostitution Bill 2011
                                              General provisions         Part 11

                                                                          s. 167



1                     Part 11 -- General provisions
2    167.     Prosecutions
3       (1)   A prosecution for an offence under this Act can be commenced
4             only by a police officer.
5       (2)   Despite subsection (1), a prosecution for an offence under Part 3
6             or 6 or section 16, 17(2), 94 or 103(1) or (2) can be commenced
7             by the CEO.
8       (3)   A prosecution for an offence under section 45(1) or (4), 46(1)
9             or 47(1) or (2) requires the approval of the Commissioner if the
10            prosecutor intends to rely on one or more of the presumptions
11            under section 160 or 161.
12      (4)   Subsections (1), (2) and (3) do not limit the functions of the
13            Director of Public Prosecutions under the Director of Public
14            Prosecutions Act 1991 section 11.
15      (5)   All prosecutions for simple offences under this Act must be
16            heard in a court of summary jurisdiction constituted by a
17            magistrate.

18   168.     Issue of infringement notice to be preferred for first offences
19            under s. 47(1)
20      (1)   A police officer is to issue an infringement notice in preference
21            to commencing a prosecution for an offence under section 47(1)
22            if --
23               (a) the alleged offender has not been convicted of an
24                   offence under section 47(1); and
25              (b) the alleged offender has not been dealt with by way of
26                   infringement notice for an offence under section 47(1);
27                   and
28               (c) it is otherwise appropriate to do so having regard to the
29                   circumstances of the alleged offender or the offence.




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     Prostitution Bill 2011
     Part 11           General provisions

     s. 169


1       (2)     Nothing in subsection (1) affects a decision as to whether to
2               issue an infringement notice for a second or subsequent offence
3               under section 47(1).

4    169.       Penalties for bodies corporate
5               The provision in this Act of a penalty for a body corporate does
6               not affect the operation of the Sentencing Act 1995 section 40(5)
7               in relation to an offence under this Act that does not provide for
8               a penalty for a body corporate.

9    170.       Protection from liability
10      (1)     An action in tort does not lie against a person for anything that
11              the person has done, in good faith, in the performance or
12              purported performance of a function under this Act.
13      (2)     The protection given by subsection (1) applies even though the
14              thing done as described in subsection (1) may have been
15              capable of being done whether or not this Act had been enacted.
16      (3)     Despite subsection (1), the State is not relieved of any liability
17              that it might have for a person having done anything as
18              described in that subsection.
19      (4)     In this section, a reference to the doing of anything includes a
20              reference to an omission to do anything.

21   171.       Exchange of information between State authorities
22      (1)     A State authority specified in subsection (4) may disclose to
23              another State authority specified in subsection (4) any
24              information that is, or could reasonably be expected to be,
25              relevant to the performance of a function of the State authority
26              to which the information is disclosed.
27      (2)     If an administrative head mentioned in subsection (4), in
28              writing, requests another administrative head mentioned in
29              subsection (4) to disclose any information, the administrative
30              head receiving the request must comply with the request.



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                                             General provisions         Part 11

                                                                          s. 171


1    (3)   Nothing in this section requires or authorises the disclosure of
2          confidential police information.
3    (4)   The State authorities specified in this subsection are --
4           (a) the CEO (who is the administrative head) and persons
5                 employed in the Department; and
6           (b) the Commissioner (who is the administrative head),
7                 police officers, and persons employed in the department
8                 of the Public Service principally assisting in the
9                 administration of the Police Act 1892; and
10          (c) the chief executive officer of the department of the
11                Public Service principally assisting in the administration
12                of the Young Offenders Act 1994 (who is the
13                administrative head) and persons employed in that
14                department; and
15          (d) the chief executive officer of the department of the
16                Public Service principally assisting in the administration
17                of the Children and Community Services Act 2004 (who
18                is the administrative head) and persons employed in that
19                department.
20   (5)   The authority given by this section to disclose information
21         applies even though the disclosure may be contrary to any duty
22         of confidentiality imposed by law or otherwise arising and
23         whether or not the duty of confidentiality arose before this Act
24         commenced but, without limiting the authority given by this
25         section to disclose information, a person to whom confidential
26         information is disclosed under this section is bound by the same
27         duty of confidentiality as applied to the person making the
28         disclosure.
29   (6)   A person making a disclosure under this section incurs no civil
30         or criminal liability as a result of the disclosure, and is not to be
31         regarded for any purpose as being in breach of the duty of
32         confidentiality.




                                                                       page 123
     Prostitution Bill 2011
     Part 11           General provisions

     s. 172


1    172.       Confidentiality
2       (1)     A person who is or has been engaged in the performance of
3               functions under this Act must not, directly or indirectly, record,
4               disclose or make use of any information obtained in the
5               performance of those functions except --
6                 (a) in the course of duty; or
7                 (b) as required or allowed by this Act or any other written
8                       law; or
9                 (c) for the purpose of proceedings for an offence under this
10                      Act; or
11                (d) with the written authority of the person to whom the
12                      information relates; or
13                (e) in prescribed circumstances.
14              Penalty: a fine of $5 000.
15      (2)     Subsection (1) does not apply to the disclosure of statistical or
16              other information that could not reasonably be expected to lead
17              to the identification of any person to whom it relates.

18   173.       Liability of managerial officer for offence by body corporate
19      (1)     In this section --
20              managerial officer means --
21                (a) a director or secretary of the body; or
22                (b) a person who at any time takes responsibility for the
23                       management of a business conducted by the body; or
24                (c) if the body is a proprietary company, a person who is a
25                       shareholder of the body.
26      (2)     If a body corporate is found to have committed an offence under
27              this Act, each person who is a managerial officer of the body is
28              to be treated as having committed the offence unless the person
29              proves that --
30                 (a) the offence was committed without the person's consent
31                       or connivance; and


     page 124
                                                           Prostitution Bill 2011
                                              General provisions         Part 11

                                                                          s. 174


1              (b)   the person exercised all such due diligence to prevent
2                    the commission of the offence as ought to have been
3                    exercised having regard to the nature of the person's
4                    functions and to all the circumstances.

5    174.     Liability of operator for offence by manager
6       (1)   If a person who holds a manager's licence commits an offence
7             under this Act as the holder of that licence, each person who
8             holds an operator's licence for the prostitution business
9             concerned is to be treated as having committed the offence and
10            is liable to the penalty prescribed for the offence committed by
11            the person who holds the manager's licence.
12      (2)   A person who holds an operator's licence for a prostitution
13            business is not to be treated as having committed the offence as
14            mentioned in subsection (1) if the person proves that --
15              (a) the offence was committed without the person's consent
16                   or connivance; and
17             (b) the person exercised all such due diligence to prevent
18                   the commission of the offence as ought to have been
19                   exercised having regard to the nature of the person's
20                   functions and to all the circumstances.

21   175.     Regulations
22      (1)   The Governor may make regulations prescribing all matters that
23            are required or permitted by this Act to be prescribed or are
24            necessary or convenient to be prescribed for giving effect to the
25            purposes of this Act.
26      (2)   Without limiting subsection (1), regulations may prescribe the
27            fees to be paid for the purposes of this Act and the persons
28            liable for payment.
29      (3)   Without limiting the Interpretation Act 1984 section 45A, a
30            power conferred under this Act to prescribe a fee for a licence
31            includes power to prescribe a fee that will allow recovery of



                                                                       page 125
     Prostitution Bill 2011
     Part 11           General provisions

     s. 176


1               expenditure for the provision of support and information to
2               people who wish to stop working in the prostitution industry.
3       (4)     The regulations may provide that contravention of a regulation
4               is an offence, and provide, for an offence against the
5               regulations, a penalty not exceeding a fine of $6 000.

6    176.       Review of Act
7       (1)     The Minister must carry out a review of the operation and
8               effectiveness of this Act as soon as is practicable after the third
9               anniversary of the commencement of this section.
10      (2)     The Minister must prepare a report based on the review and, as
11              soon as is practicable after the report is prepared, cause it to be
12              laid before each House of Parliament.




     page 126
                                                            Prostitution Bill 2011
                                 Repeals, transitional provisions         Part 12
                                                         Repeals       Division 1
                                                                            s. 177



1             Part 12 -- Repeals, transitional provisions
2                            Division 1 -- Repeals
3    177.     Prostitution legislation repealed
4       (1)   These Acts are repealed:
5              (a) the Prostitution Act 2000;
6              (b) the Prostitution Amendment Act 2008.
7       (2)   The Prostitution (Restraining Orders) Regulations 2000 are
8             repealed.

9           Division 2 -- Transitional provisions arising from the
10                  enactment of the Prostitution Act 2011
11   178.     Terms used
12            In this Division --
13            commencement day means the day on which section 177(1)
14            comes into operation;
15            repealed Act means the Prostitution Act 2000.

16   179.     Duration of licences issued in first year
17            Despite section 66(1), a licence that is issued in the period
18            ending 12 months after commencement day may be issued for a
19            period not exceeding 3 years and 6 months.

20   180.     Planning requirements as to existing prostitution businesses
21      (1)   This section --
22             (a) applies despite the provisions of Part 6 Division 8; and
23             (b) does not apply to a prostitution business operated by a
24                   self-employed prostitute.
25      (2)   Land may be used for the purposes of a prostitution business in
26            accordance with the approval of the CEO under this section.


                                                                        page 127
     Prostitution Bill 2011
     Part 12           Repeals, transitional provisions
     Division 2        Transitional provisions arising from the enactment of the
                       Prostitution Act 2011
     s. 180

1       (3)     An application for the CEO's approval under this section must
2               be made --
3                 (a) before the expiry of the period of 3 months starting on
4                      commencement day; and
5                 (b) in the prescribed manner.
6       (4)     The CEO must not approve the use of land for the purposes of a
7               prostitution business unless --
8                 (a) the CEO has informed the local government of the
9                       district in which the land is located about the
10                      application; and
11                (b) the CEO has asked the local government whether it is
12                      opposed to the land being continued to be used for the
13                      prostitution business; and
14                (c) the local government is not so opposed.
15      (5)     The CEO must not approve the use of land for the purposes of a
16              prostitution business if there is in effect an order under
17              section 88(1) that prevents the CEO from issuing a licence to
18              any person to operate a prostitution business in the area in
19              which the land is located.
20      (6)     Subject to subsections (4) and (5), the CEO may approve the
21              use of land for the purposes of a prostitution business for a
22              period not exceeding 18 months starting on commencement day,
23              if the CEO is satisfied --
24                 (a) that the land was being used for the prostitution business
25                      as at commencement day and had been so used on a
26                      continuous basis since 6 September 2008 or earlier; and
27                (b) having regard to all the matters mentioned in
28                      subsection (7), that the business is being, and will
29                      continue to be, managed appropriately.




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                                                                  Prostitution Bill 2011
                                      Repeals, transitional provisions          Part 12
            Transitional provisions arising from the enactment of the        Division 2
                                                 Prostitution Act 2011
                                                                                  s. 180

1     (7)      In considering an application the CEO must liaise with the local
2              government of the district in which the land is located and the
3              Commissioner with regard to --
4                (a) whether the way in which the business has been
5                      conducted has been the subject of complaints from
6                      persons living or working in the area; and
7                (b) whether the way in which the business is conducted
8                      causes, or is likely to cause, disturbance in the
9                      neighbourhood; and
10               (c) whether conducting the business interferes, or is likely
11                     to interfere, with the amenity of the neighbourhood.
12    (8)      If a person applies for an operator's licence to operate the
13             business (whether or not on behalf of a company) and the CEO
14             decides to refuse to issue the licence, an approval under this
15             section in relation to the business ceases to have effect when the
16             later of the following events occurs --
17                (a) the period for a review under section 153 of the decision
18                      expires without an application for a review being made;
19               (b) a review of the decision is finalised and the decision is
20                      upheld;
21                (c) a judicial review (for jurisdictional error) of an order
22                      made or purportedly made under section 88(1) or 89(1)
23                      in relation to the operator, or the area in which the
24                      business is located, is finalised and the order is upheld,
25             but in any event the approval ceases to have effect when the
26             period for which the approval was given expires.
27    (9)      The regulations may provide for matters relating to dealing with
28             applications including the imposition of conditions on an
29             approval and giving notice of the right of review under
30             section 153.
31   (10)      The regulations cannot require or authorise the CEO to disclose
32             confidential police information.



                                                                              page 129
     Prostitution Bill 2011
     Part 12           Repeals, transitional provisions
     Division 2        Transitional provisions arising from the enactment of the
                       Prostitution Act 2011
     s. 181

1    181.       Licensing requirements for operators of existing
2               prostitution businesses
3       (1)     In this section --
4               existing prostitution business means a prostitution business that
5               may be the subject of an application under section 180.
6       (2)     Sections 18(1) and 45(1) and (4)(d) do not apply to an operator
7               of an existing prostitution business who makes an application
8               for an operator's licence for the business before the period of
9               3 months starting on commencement day expires, until the later
10              of the following --
11                (a) the day on which the licence is issued;
12                (b) if the CEO decides to refuse to issue the licence, the day
13                      on which the period of 7 days expires after the period
14                      for a review of the decision under section 153 expires
15                      without an application for a review being made;
16                (c) if the CEO decides to refuse to issue the licence and the
17                      decision is reviewed under section 153, the day on
18                      which the period of 7 days expires after the review is
19                      finalised;
20                (d) if there is a judicial review (for jurisdictional error) of an
21                      order made or purportedly made under section 88(1)
22                      or 89(1) in relation to the operator, or the area in which
23                      the business is located, the day on which the period of
24                      7 days expires after the review is finalised.
25      (3)     Sections 49(4)(c) and 55(7)(b) do not apply to an application for
26              the first operator's licence for an existing prostitution business
27              but the CEO must not issue the licence unless the CEO has
28              given approval under section 180 in relation to the business.
29      (4)     Sections 55(8) and 56 do not apply to an application for the first
30              operator's licence for an existing prostitution business.
31      (5)     Section 62(a) does not apply to the first operator's licence for an
32              existing prostitution business and instead, it is a condition of the
33              licence that the place in which the prostitution business is

     page 130
                                                                    Prostitution Bill 2011
                                        Repeals, transitional provisions          Part 12
              Transitional provisions arising from the enactment of the        Division 2
                                                   Prostitution Act 2011
                                                                                    s. 182

1                conducted has, after the licence is granted, no more than the
2                number of rooms in which persons may take part in acts of
3                prostitution than it had before the licence was granted.
4       (6)      Sections 66(1) and 179 do not apply to the first operator's
5                licence for an existing prostitution business and instead, the
6                duration of the licence is not to exceed the period during which
7                an approval under section 180 in relation to the business has
8                effect.

9    182.        Restraining orders
10      (1)      A restraining order that was made under section 37 of the
11               repealed Act and that was in effect immediately before
12               commencement day is, on and from commencement day, to be
13               taken to be a restraining order made under section 140 on the
14               terms applying to the restraining order immediately before
15               commencement day.
16      (2)      A restraining order that was made under section 38 of the
17               repealed Act and that was in effect immediately before
18               commencement day is, on and from commencement day, to be
19               taken to be a restraining order made under section 141 on the
20               terms applying to the restraining order immediately before
21               commencement day.
22      (3)      An application for a restraining order, or to vary or cancel a
23               restraining order, that had been made under Part 5 of the
24               repealed Act, but not finalised before commencement day is, on
25               and from commencement day, to be taken to be an application
26               for a restraining order, or to vary or cancel a restraining order,
27               as is relevant to the case, under Part 7 Division 8.
28      (4)      An appeal under section 47 of the repealed Act that was started,
29               but not finalised, before commencement day must be dealt with
30               as if the repealed Act had not been repealed by section 177(1),
31               and a restraining order that is made or varied as a result of such
32               an appeal is to be taken to be a restraining order under Part 7
33               Division 8 on the terms applying to it when made or varied on
34               the appeal.

                                                                                page 131
     Prostitution Bill 2011
     Part 12           Repeals, transitional provisions
     Division 2        Transitional provisions arising from the enactment of the
                       Prostitution Act 2011
     s. 183

1       (5)     Subsections (1) and (2) apply only to restraining orders under
2               the repealed Act that are not the subject of an appeal mentioned
3               in subsection (4).

4    183.       Undercover officers
5               An authority under section 35 of the repealed Act to act as an
6               undercover officer that was in effect immediately before
7               commencement day is, on and from commencement day, to be
8               taken to be an authority under section 152(2) on the terms
9               applying to the authority immediately before commencement
10              day.




     page 132
                                                             Prostitution Bill 2011
                                          Amendments to other Acts         Part 13

                                                                                  s. 184



1                     Part 13 -- Amendments to other Acts
2    184.       Community Protection (Offender Reporting) Act 2004
3               amended
4       (1)     This section amends the Community Protection (Offender
5               Reporting) Act 2004.
6       (2)     In Schedule 2 delete the item relating to the Prostitution
7               Act 2000 and insert:
8

              Prostitution Act 2011

              s. 36                   Causing, permitting, or seeking to induce
                                      child to act as prostitute

              s. 37                   Obtaining payment for prostitution by a child
9


10   185.       The Criminal Code amended
11      (1)     This section amends The Criminal Code.
12      (2)     Delete sections 190 and 191.
13      (3)     In section 192(1)(b) delete "girl, who is not a common prostitute
14              or of known immoral character," and insert:
15

16              girl
17

18      (4)     In section 557K(1) in the definition of child sex offender delete
19              paragraph (h) and insert:
20

21                       (h)   an offence committed under the Prostitution
22                             Act 2011 section 9(1), 10(1), 36, 37, 38 or 42
23                             that was committed against or in respect of a
24                             child; or
25




                                                                            page 133
     Prostitution Bill 2011
     Part 13           Amendments to other Acts

     s. 186


1    186.       Criminal Property Confiscation Act 2000 amended
2       (1)     This section amends the Criminal Property Confiscation
3               Act 2000.
4       (2)     In section 131(2):
5                 (a) after paragraph (f) insert:
6

7                      (ga)   for a purpose associated with the administration
8                             of the Prostitution Act 2011 including the
9                             provision of support and information to people
10                            who wish to stop working in the prostitution
11                            industry; and
12

13               (b)    after each of paragraphs (a) to (e) insert:
14

15                      and
16


17   187.       Evidence Act 1906 amended
18      (1)     This section amends the Evidence Act 1906.
19      (2)     In section 36A(1) in the definition of sexual offence:
20                (a) delete paragraph (a) and insert:
21

22                      (a)   under The Criminal Code section 186 or the
23                            Prostitution Act 2011 section 11, 38 or 42; or
24

25               (b)    after each of paragraphs (b) and (ba) insert:
26

27                      or
28

29      (3)     In the Second Schedule Part 1 delete "s. 191 Procuration".




     page 134
                                                            Prostitution Bill 2011
                                         Amendments to other Acts         Part 13

                                                                                  s. 188


1       (4)   In Schedule 7 Part A clause 1(1)(a) delete "Prostitution Act 2000"
2             and insert:
3

4             Prostitution Act 2011
5

6       (5)   In Schedule 7 Part B in the item relating to The Criminal Code
7             delete "191 Procuration".
8       (6)   In Schedule 7 Part B delete the item relating to the Prostitution
9             Act 2000 and insert:
10

              Prostitution Act 2011

              9(1)                    Seeking prostitute in or in view of or within
                                      hearing of public place

              10(1)                   Seeking client in or in view or within
                                      hearing of public place

              36                      Causing, permitting, or seeking to induce
                                      child to act as prostitute

              37                      Obtaining payment for prostitution by child

              38                      Agreement for prostitution by child

              39                      Prostitution in place where child present

              40                      Allowing child to be in place involving
                                      prostitution

              42                      Acting as prostitute for child
11


12   188.     Health Act 1911 amended
13      (1)   This section amends the Health Act 1911.
14      (2)   In section 3(1) delete the definition of venereal disease.


                                                                               page 135
     Prostitution Bill 2011
     Part 13           Amendments to other Acts

     s. 188


1       (3)     In section 248 delete "venereal disease" and insert:
2

3                          gonorrhoea, syphilis (including congenital syphilis),
4                          soft chancre, venereal warts or granuloma
5

6       (4)     Delete the heading to Part XI and insert:
7


8             Part XI -- Sexually transmissible infections and
9               disorders affecting the reproductive organs
10

11      (5)     Before section 300 insert:
12


13            299.         Term used: STI
14                         In this Part --
15                         STI means a prescribed sexually transmissible
16                         infection or a prescribed blood borne virus.
17

18      (6)     Delete section 310(2).
19      (7)     In section 330A(1) delete "venereal and other".
20      (8)     In the provisions listed in the Table:
21                (a) delete "a venereal disease" (each occurrence) and insert:
22

23                          an STI
24

25                   (b)    delete "any venereal disease" (each occurrence) and
26                          insert:
27

28                          an STI
29




     page 136
                                                                  Prostitution Bill 2011
                                               Amendments to other Acts         Part 13

                                                                                       s. 189


1                  (c)     delete "from venereal disease" (each occurrence) and
2                          insert:
3

4                          an STI
5

6                                                  Table
               s. 300(1) and (2)                        s. 300A(1)

               s. 307(1), (2), (3), (4) and (5) s. 309(2) and (3)

               s. 310(1)                                s. 311(2)

               s. 313(1)                                s. 314(2)

               s. 377(3a)

7             Note:

8             1.         The heading to amended section 300 is to read:

9                        Notification of STI

10            2.         The heading to amended section 310 is to read:

11                       Offence to knowingly infect with STI

12            3.         The heading to amended section 311 is to read:

13                       Certain medical practitioners to treat STI free of charge

14   189.     Liquor Control Act 1988 amended
15      (1)   This section amends the Liquor Control Act 1988.
16      (2)   In section 115(1)(b) delete "thief, prostitute" and insert:
17

18            thief
19

20      (3)   In section 115(4a)(e) delete "prostitute,".



                                                                                     page 137
     Prostitution Bill 2011
     Part 13           Amendments to other Acts

     s. 190


1    190.          Sentencing Act 1995 amended
2       (1)        This section amends the Sentencing Act 1995.
3       (2)        In Schedule 1 insert in alphabetical order:
4

                    Prostitution Act 2011             Prostitution Account
5


6    191.          Western Australian College of Teaching Act 2004 amended
7       (1)        This section amends the Western Australian College of
8                  Teaching Act 2004.
9       (2)        In Schedule 2 item 1 delete "s. 191 Procuring person to be prostitute
10                 etc.".
11      (3)        In Schedule 2 delete item 2 and insert:
12

              2.     Prostitution Act 2011

                     s. 16                    Promoting employment in prostitution
                                              industry

                     s. 36                    Causing, permitting, or seeking to
                                              induce child to act as prostitute

                     s. 37                    Obtaining payment for prostitution by
                                              child

                     s. 38                    Agreement for prostitution by child

                     s. 39                    Prostitution in place where child
                                              present

                     s. 40                    Allowing child to be in place involving
                                              prostitution

                     s. 42                    Acting as prostitute for child
13



     page 138
                                                             Prostitution Bill 2011
                                          Amendments to other Acts         Part 13

                                                                             s. 192


1    192.     Workers' Compensation and Injury Management Act 1981
2             amended
3       (1)   This section amends the Workers' Compensation and Injury
4             Management Act 1981.
5       (2)   After section 11A insert:
6


7           12A.    Exclusion of unauthorised prostitutes other than
8                   minors and coerced persons
9             (1)   In this section the following terms have the meaning
10                  given to them in the Prostitution Act 2011 section 3 --
11                  act as a prostitute
12                  operator's licence
13                  prostitute's licence (general)
14                  self-employed prostitute
15            (2)   A person is deemed not to be a worker for the purposes
16                  of this Act while the person acts as a prostitute in a
17                  place --
18                    (a) that is not a place to which a current operator's
19                          licence applies; or
20                    (b) to which a current operator's licence applies
21                          but --
22                             (i) without holding a current prostitute's
23                                 licence (general); or
24                            (ii) there has not been compliance with the
25                                 Prostitution Act 2011 section 22(b) in
26                                 respect of the person.
27            (3)   Subsection (2) does not apply to a person who, at the
28                  time the injury occurred, was acting as a prostitute
29                  and --
30                    (a) had not reached 18 years of age; or

                                                                          page 139
     Prostitution Bill 2011
     Part 13           Amendments to other Acts

     s. 192


1                       (b)   was working under coercion.
2               (4)   A self-employed prostitute is not a worker for the
3                     purposes of this Act.
4

5       (3)     In section 22 delete "If it" and insert:
6

7               (1)   If it
8

9       (4)     At the end of section 22 insert:
10

11              (2)   The failure by a worker who is a prostitute to comply
12                    with the Prostitution Act 2011 section 31(2), 32(1),
13                    33(1) or 34(1) amounts to serious and wilful
14                    misconduct for the purposes of subsection (1)(c) unless
15                    the claimant proves that there was a reasonable excuse
16                    for the failure.
17

18      (5)     After section 31F(7) insert:
19

20            (8A)    Despite subsection (6), a worker is entitled to
21                    compensation under this Division in respect of an
22                    impairment that is AIDS if the impairment resulted
23                    from taking part in an act of prostitution in the course
24                    of the worker's employment as a prostitute and when
25                    the act of prostitution occurred --
26                      (a) it occurred in a place to which a current
27                            operator's licence applied and either --
28                               (i) the worker held a current prostitute's
29                                    licence (general); or
30                              (ii) there had been compliance with the
31                                    Prostitution Act 2011 section 22(b) in
32                                    respect of the worker;


     page 140
                                                               Prostitution Bill 2011
                                            Amendments to other Acts         Part 13

                                                                               s. 193


1                            or
2                      (b)   the worker --
3                               (i) had not reached 18 years of age; or
4                              (ii) was working under coercion.
5             (8B)    In subsection (8A) the following terms have the
6                     meaning given to them in the Prostitution Act 2011
7                     section 3 --
8                     act of prostitution
9                     operator's licence
10                    prostitute
11                    prostitute's licence (general)
12


13   193.      Working with Children (Criminal Record Checking) Act 2004
14             amended
15      (1)    This section amends the Working with Children (Criminal
16             Record Checking) Act 2004.
17      (2)    In Schedule 2 delete the item relating to the Prostitution
18             Act 2000 and insert:
19

              Prostitution Act 2011

              s. 36                    Causing, permitting, or seeking to induce
                                       child to act as prostitute

              s. 37                    Obtaining payment for prostitution by
                                       child

              s. 38                    Agreement for prostitution by child
20


21   194.      Young Offenders Act 1994 amended
22      (1)    This section amends the Young Offenders Act 1994.

                                                                             page 141
    Prostitution Bill 2011
    Part 13           Amendments to other Acts

    s. 194


1      (2)     In Schedule 2 delete item 2A and insert:
2

             2A.    Prostitution Act 2011

                    s. 11             Seeking to induce person to act as
                                      prostitute

                    s. 36             Causing, permitting, or seeking to induce
                                      child to act as prostitute

                    s. 37             Obtaining payment for prostitution by
                                      child

                    s. 38             Agreement for prostitution by child
3




    page 142
                                                                Prostitution Bill 2011
                 Offences relevant to granting, renewing operator's or    Schedule 1
                                                    manager's licence




1       Schedule 1 -- Offences relevant to granting, renewing
2                  operator's or manager's licence
3                                                                         [s. 55(3)(d)]
4    The offences for the purposes of section 55(3)(d)(i) and (ii) are as follows --
5    Censorship Act 1996 (repealed)
6    s. 60
7    Child Welfare Act 1947 (repealed)
8    s. 108(1)
9    Children and Community Services Act 2004
10   s. 192(1) or (2)
11   Classification (Publications, Films and Computer Games) Enforcement
12   Act 1996
13   the deleted s. 60
14   s. 101
15   The Criminal Code
16   s. 181
17   s. 186
18   s. 187
19   s. 204A
20   s. 204B
21   s. 217
22   s. 218
23   s. 219
24   s. 220
25   s. 279
26   s. 280

                                                                            page 143
     Prostitution Bill 2011
     Schedule 1        Offences relevant to granting, renewing operator's or
                       manager's licence




1    s. 281
2    s. 292
3    s. 293
4    s. 297
5    s. 306
6    s. 320(2) or (3)
7    s. 321(2) or (3)
8    s. 321A(4)
9    s. 324
10   s. 325
11   s. 326
12   s. 327
13   s. 328
14   s. 329
15   s. 330(2) or (3)
16   s. 331B
17   s. 331C
18   s. 331D
19   s. 332
20   s. 333
21   s. 338A
22   s. 338B
23   s. 338C
24   s. 343
25   s. 396


     page 144
                                                               Prostitution Bill 2011
                Offences relevant to granting, renewing operator's or    Schedule 1
                                                   manager's licence




1    s. 397
2    s. 398
3    s. 409
4    s. 563A
5    Criminal Property Confiscation Act 2000
6    s. 50(1)
7    Criminal Code Act 1995 (Commonwealth)
8    s. 480.4
9    s. 480.5
10


11
12




                                                                           page 145
Prostitution Bill 2011



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)
      3 unrelated adults ......................................................................................... 131(4)
      act as a prostitute...................................................................................................3
      act of prostitution ..................................................................................................3
      applicant......................................................................................................... 52(1)
      approved ...........................................................................................................127
      approved health and drug management plan....................................... 73(3), 73(4)
      authorised person ................................................................................................92
      being involved in prostitution ...................................................................... 165(1)
      bodily fluid..........................................................................................................30
      business.......................................................................................................... 63(1)
      caretaker's dwelling ............................................................................................79
      CEO ......................................................................................................................3
      child ......................................................................................................................3
      City of Perth inner zone ......................................................................................79
      client .................................................................................................................3, 4
      closure notice ....................................................................................................129
      closure offence provision ..................................................................................129
      closure order .....................................................................................................129
      commencement day ..........................................................................................178
      Commissioner .......................................................................................................3
      compliance purposes.................................................................................... 101(1)
      confidential police information.............................................................................3
      conveyance................................................................................................... 107(1)
      Department............................................................................................................3
      document...............................................................................................................3
      dwelling ................................................................................................................3
      employer ...........................................................................................................116
      existing prostitution business ....................................................................... 181(1)
      health and drug management plan ......................................................................44
      health information.......................................................................................... 35(1)
      in ...........................................................................................................................3
      incapable person ......................................................................... 15(3), 44, 110(8)
      juvenile justice team .................................................................................... 101(1)
      land (CPIZ) .................................................................................................... 85(1)
      land (rest of WA) ........................................................................................... 86(1)
      licence ...................................................................................................................3
      licence holder ........................................................................................................3
      manage ..................................................................................................................3
      manager.................................................................................................................3


page 146
                                                                                     Prostitution Bill 2011



                                                                                                 Defined Terms



manager's licence .................................................................................................3
managerial officer ........................................................................................ 173(1)
medical practitioner ..................................................................................... 110(1)
Minister........................................................................................... 152(1), 166(1)
no licence area order ...........................................................................................87
notice.................................................................................................................127
notifiable matter ........................................................................71(2), 71(4), 71(6)
offence ............................................................................................ 107(1), 152(1)
offender................................................................................................. 9(3), 10(2)
officer....................................................................................................... 44, 69(1)
operate...................................................................................................................3
operator .................................................................................................................3
operator's licence ..................................................................................................3
order....................................................................................................................87
owner ....................................................................................................................3
particular applicant order ....................................................................................87
place......................................................................................3, 49(4), 51(3), 58(2)
planning scheme .................................................................................................79
prescribed..............................................................................................................3
prohibited drug......................................................................................................3
prohibition order ...............................................................................................116
proprietary company .............................................................................................3
prostitute ...............................................................................................3, 4, 21, 22
prostitute's licence (general).................................................................................3
prostitute's licence (self-employed)......................................................................3
prostitution ........................................................................................................3, 4
prostitution business .............................................................................................3
protected person........................................................................................... 110(7)
protected place ....................................................................................................79
public place ...........................................................................................................8
refuse.............................................................................................................. 29(1)
registered nurse ............................................................................................ 110(1)
relevant charge ............................................................................................. 113(3)
relevant juvenile justice team matter ........................................................... 113(3)
relevant person ..................................................................................................116
repealed Act ......................................................................................................178
residential area ....................................................................................................79
respondent.................................................................................................... 145(4)
responsible person........................................................................................ 110(8)
responsible planning authority ......................................................................44, 79
restraining order ................................................................................................139
self-employed prostitute........................................................................................3
sheath ..................................................................................................................30
specified ...................................................... 116, 127, 129, 143(4), 154(1), 162(1)
sponsorship .................................................................................................... 17(1)

                                                                                                           page 147
Prostitution Bill 2011



Defined Terms



      STI ......................................................................................................................30
      STI-risk contact...................................................................................................30
      strip search ................................................................................................... 110(8)
      undercover officer........................................................................................ 152(1)
      WAPC.................................................................................................................79
      work ......................................................................................................................3




 


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