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


PROSTITUTION LIMITATION BILL 2000

                         Western Australia


       Prostitution Limitation Bill 2000

                            CONTENTS


                    Part 1 - Preliminary
1.     Short title                                              2
2.     Commencement                                             2
3.     Definition of prostitution and prostitute                2
             Part 2 - Deterrents to soliciting
4.     Detention without charge for seeking prostitute in
       public                                                   3
5.     Repeat apprehensions                                     3
6.     Detention without charge for seeking client in public    3
7.     Repeat apprehension within 14 days                       4
8.     Compulsory information on drug rehabilitation            4
9.     Compulsory drug rehabilitation program                   4
10 .   Offences under this Act                                  4




                                                               page i
                             115--1B
                           Western Australia


                      LEGISLATIVE COUNCIL



           Prostitution Limitation Bill 2000


                               A Bill for




 An Act to impose limitations on soliciting in a public place for
    the purposes of prostitution and for related purposes.




The Parliament of Western Australia enacts as follows:




                                                            page 1
     Prostitution Limitation Bill 2000
     Part 1          Preliminary

     s. 1



                            Part 1 -- Preliminary


     1.       Short title
              This Act may be cited as the Prostitution Limitation Act 2000.

5    2.       Commencement
              This Act comes into operation on the day that it receives the
              Royal Assent.

     3.       Definition of prostitution and prostitute
              In this Act --
10              (a) "Prostitution" is the transaction in which payment is
                      the consideration for the sexual stimulation of a person
                      ("the client") by means of physical contact between the
                      client and another person ("the prostitute"), or between
                      either of them and anything controlled by or emanating
15                    from the other, and it is irrelevant whether payment is in
                      money or any other form;
                (b) "prostitute" has the meaning given in paragraph (a).




     page 2
                                                 Prostitution Limitation Bill 2000
                                            Deterrents to soliciting        Part 2

                                                                                s. 4



                      Part 2 -- Deterrents to soliciting
     4.         Detention without charge for seeking prostitute in public
          (1)   A person who, in a public place, seeks another person to act as a
                prostitute may be apprehended by a Police officer and detained
5               in police custody for up to 12 hours and then released. A person
                detained for a first time under this subsection cannot be charged
                with an offence.
          (2)   The power under subsection (1) may be exercized in relation to
                the same person on any number of occasions whether or not that
10              person is charged with an offence under section 5.
          (3)   A person who is detained under subsection (1) must provide
                information sufficient to identify that person and the Police
                officer is to record that information.

     5.         Repeat apprehensions
15              A person in a public place, who, while seeking another person
                to act as a prostitute --
                  (a) is apprehended by a Police officer under section 4(1)
                        and
                  (b) who has previously been detained under that section on
20                      one or more occasions;
                commits an offence.

     6.         Detention without charge for seeking client in public
          (1)   A person in a public place who seeks another person to be a
                prostitute's client may be apprehended by a Police officer and
25              detained in police custody for up to 12 hours and then released.
                A person detained for a first time under this subsection cannot
                be charged with an offence.




                                                                           page 3
     Prostitution Limitation Bill 2000
     Part 2          Deterrents to soliciting

     s. 7



           (2)   The power under subsection (1) may be exercized in relation to
                 the same person on any number of occasions whether or not that
                 person is charged with an offence under section 7.
           (3)   A person who is detained under subsection (1) must provide
5                information sufficient to identify that person and the Police
                 officer is to record that information.

     7.          Repeat apprehension within 14 days
                 A person apprehended by a Police officer under section 6 within
                 14 days of a previous apprehension under that section commits
10               an offence.

     8.          Compulsory information on drug rehabilitation
                 A person, while in detention under section 6, must be given
                 written information about the availability of drug abuse
                 rehabilitation programs.

15   9.          Compulsory drug rehabilitation program
                 A person convicted of an offence under section 7 must, without
                 further authority or order, attend a court-approved drug
                 rehabilitation program regardless of any penalty imposed on
                 conviction.

20   10.         Offences under this Act
                 A person charged with an offence is liable on summary
                 conviction --
                   (a) for a first offence:      $1000
                   (b) for a second offence:     $3000
25                 (c) any subsequent offence: $5000




 


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