Prostitution Act 1999 – 5 May 2016
Prostitution Act 1999 – 5 May 2016
Prostitution Regulation 2014 – 1 July 2015
Quick to view summary
An eligible person may apply in the approved form to the government for a brothel licence. Note: the government is not obliged to consider an application until the relevant assessment manager gives development approval for a material change of use of the premises intended for use as a brothel. A licence is generally for a term of 3 years and cannot be transferred to another person. For the definition of brothel, refer to the Schedule 4 dictionary.
- Sections 5, 8, 9, 10, 13, 15, 16, 17, 18, 19, 23, 62, 63A, 63B, 79, 81, 82, 87, Schedule 4; Regulations 4, 5, 21, 23, 25, Schedule 3
An eligible person may apply in the approved form to the government for an approved manager’s certificate. A certificate is generally for a term of 3 years and cannot be transferred to another person.
- Sections 34, 35, 38, 41, 42, 43, 44; Regulations 4, 5
A person must not publicly solicit for prostitution.
- Sections 73, 74
A prostitute must not provide prostitution involving sexual intercourse or oral sex unless a prophylactic (protection) is used.
- Section 77A
A person who is a licensee or an approved manager of a licensed brothel must not have more than 13 staff at the brothel at any 1 time and must not have more than the number of prostitutes set out in Schedule 3 of this Act at the brothel at any 1 time.
- Section 78, Schedule 3
A licensed brothel must at all times when open for business be personally supervised by the licensee or an approved manager.
- Section 80
A person must not possess liquor at a licensed brothel.
- Section 83
A person who is a licensee or an approved manager of a licensed brothel must not permit a person to work as a prostitute at the brothel during any period in which the person knows the prostitute is infective with a sexually transmissible disease. Note: To obtain knowledge of infection, medical examination or testing is to be carried out every 3 months.
- Sections 89, 90; Regulation 14
A person must not publish an advertisement for prostitution that is not in the approved form. Note: An advertisement for prostitution is not permitted on radio or television or by film or video recording.
- Sections 92, 93; Regulations 3, 15, Schedule 4
A person providing prostitution must not hold out or publish an advertisement that states, directly or indirectly, that the person’s business provides or is connected with massage services.
- Section 95
A person must not publish an advertisement for social escort services that is not in the approved form. Note: An advertisement for social escort services must unequivocally state that the services are not sexual or that sexual services are not provided.
- Sections 5, 96A, Schedule 4; Regulations 3, 16, Schedule 4
A social escort must not start to provide a social escort service to a person unless the social escort has clearly informed the person that the social escort service does not include the provision of prostitution.
- Sections 5, 96B, Schedule 4
If a health professional reasonably believes that a prostitute at a licensed brothel is a person with an impairment of the mind, the health professional may give a police officer information about the prostitute and the prostitute’s disability.
- Section 134A
Reason for law
Section 73 applies to males and females. Does it apply to intersex persons?
The section 141 requirement to review the Act may now be redundant through the passage of time.
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