Sex Work Act 1992

This Act is the Sex Work Act 1992.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘commercial brothel, for part 2 (Registration)—see section 5.’ means that the term ‘commercial brothel’ is defined in that section for part 2.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

 s 12 (Registration notice etc to be given to commissioner—commercial operators)

 s 13 (Annual notice to be given to commissioner—commercial operators)

 s 14 (Other notices to be given to commissioner—commercial operators and former commercial operators)

 s 20 (Causing child to provide commercial sexual services etc)

 s 26 (Medical tests and examinations)

 s 26A (Commercial operator must provide health and safety equipment).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The objects of the Act are as follows:

to safeguard public health;

to promote the welfare and occupational health and safety of sex workers;

to protect the social and physical environment of the community by controlling the location of brothels;

to protect children from sexual exploitation.

Part 2 Registration

Division 2.1 Interpretation

In this part:

commercial brothel means a brothel other than a sole operator brothel.

commercial escort agency means an escort agency other than a sole operator escort agency.

disqualifying offence—see section 6.

interested person, in relation to a commercial brothel or commercial escort agency, means any of the following:

each operator;

each owner who is an individual;

each director of an owner that is a corporation.

police report, for a person, means a report by a police officer or the Australian Criminal Intelligence Commission about the person’s criminal record made on a form that—

contains a consent by the person to a police officer or the Australian Criminal Intelligence Commission making inquiries about the person’s criminal record; and

contains imprints of the fingers and palms of both hands of the person.

required police report, in relation to a commercial brothel or commercial escort agency, means a police report for each interested person in relation to the brothel or escort agency.

sole operator brothel means a brothel—

the premises of which are premises used by a single sex worker; and

the business of which is solely owned and operated by the single sex worker.

sole operator escort agency means an escort agency solely owned and operated by a single sex worker.

the operator, of a commercial brothel or commercial escort agency—

if there is only 1 operator of the brothel or escort agency—the operator; or

if there are 2 or more operators of the brothel or escort agency—each operator.

In this part:

disqualifying offence means—

an offence against any of the following:

a provision of the Crimes Act 1900 mentioned in schedule 1;

a provision of this Act mentioned in schedule 2;

the Crimes Act 1900, section 114B (Money laundering);

the Criminal Code, chapter 6 (Serious drug offences); or

Note A reference to an offence against a Territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).

an offence against a law of the Commonwealth, a State or another Territory corresponding to an offence mentioned in paragraph (a); or

an offence against a law of the Commonwealth, a State or another Territory corresponding to a provision of the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) in relation to an offence mentioned in paragraph (a); or

an offence against the Migration Act 1958 (Cwlth), section 232A (Organising bringing groups of non-citizens into Australia), section 233 (1) (about bringing etc non-citizens into Australia in contravention of the Act) or section 233A (Other offences relating to groups of non-citizens etc); or

an offence against a Commonwealth law corresponding to a provision of the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) in relation to an offence mentioned in paragraph (d); or

an offence against a law of a foreign country of a kind mentioned in schedule 3.

To remove any doubt, this section applies to offences committed before or after the commencement of this section.

Division 2.2 Register and notices

The commissioner must keep a register of information provided by operators of commercial brothels and commercial escort agencies in notices under this part.

Subsection (1) does not require the commissioner to include or keep in the register information about a commercial brothel or commercial escort agency that has ceased to operate.

The commissioner must make information in the register available for public inspection.

A person commits an offence if—

the person is an operator of a commercial brothel or commercial escort agency; and

both of the following are not given to the commissioner at least 7 days before the day the brothel or escort agency begins to operate:

a registration notice;

a required police report in relation to the brothel or escort agency.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

In this section:

registration notice, in relation to a commercial brothel or commercial escort agency, means a written notice containing the following particulars in relation to the brothel or escort agency:

its business name (if any) and address;

the name and home address of each person in day-to-day control of the brothel or escort agency;

if the owner (or an owner) of the brothel or escort agency is an individual—the name and home address of each individual who is an owner;

if the owner (or an owner) of the brothel or escort agency is a corporation—the following for each corporation that is an owner:

its name and business address;

the name and home address of each director and each shareholder;

for each interested person in relation to the brothel or escort agency—a statement about whether or not the person has been convicted, or found guilty, of a disqualifying offence.

A person commits an offence if—

the person is an operator of a commercial brothel or commercial escort agency; and

an annual notice for the year for the brothel or escort agency is not given to the commissioner before 1 October of that year.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

In this section:

annual notice, in relation to a commercial brothel or commercial escort agency, means a written notice containing the following particulars in relation to the brothel or escort agency:

its business name (if any) and address;

the name and home address of each person in day-to-day control of the brothel or escort agency;

if the owner (or an owner) of the brothel or escort agency is an individual—the name and home address of each individual who is an owner;

if the owner (or an owner) of the brothel or escort agency is a corporation—the following for each corporation that is an owner:

its name and business address;

the name and home address of each director and each shareholder;

for each interested person in relation to the brothel or escort agency—a statement about whether or not the person has been convicted, or found guilty, of a disqualifying offence.

A person commits an offence if—

the person is an operator of a commercial brothel or commercial escort agency; and

any information given to the commissioner in a notice under this division changes; and

written notice of the new information is not given to the commissioner within 7 days after the day the information changes.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

A person commits an offence if—

the person is an operator of a commercial brothel or commercial escort agency; and

the brothel or escort agency stops operating; and

written notice that the brothel or escort agency stopped operating is not given to the commissioner within 7 days after the last day the brothel or escort agency operated.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Division 2.3 Interested people—offences

A person who has been convicted or found guilty of a disqualifying offence must not—

become an interested person in relation to a commercial brothel or commercial escort agency; or

continue to be an interested person in relation to a commercial brothel or commercial escort agency.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Any other interested person (the other interested person) in relation to a commercial brothel or commercial escort agency commits an offence if—

an interested person mentioned in subsection (1) becomes, or continues to be, an interested person in relation to the brothel or escort agency; and

the other interested person knows that, or is reckless as to whether, a person who becomes, or continues to be, an interested person in relation to the brothel or escort agency is an interested person mentioned in subsection (1).

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.