Victorian Current Acts

SEX WORK ACT 1994

TABLE OF PROVISIONS

   PART I--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   3A.     Admission charge constitutes payment for sexual services  
   3B.     Exemptions for sex on premises venues  
   4.      Objects of Act  

   PART 2--OFFENCES CONNECTED WITH SEX WORK

   5.      Causing or inducing child to take part in sex work  
   6.      Obtaining payment for sexual services provided by a child  
   7.      Agreement for provision of sexual services by a child  
   8.      Forcing person into or to remain in sex work  
   9.      Forcing person to provide financial support out of sex work  
   10.     Living on earnings of sex worker  
   11.     Allowing child to take part in sex work  
   11A.    Child over 18 months not to be in brothel  
   15.     Being in, entering or leaving unlicensed brothel  
   16.     Offensive behaviour towards sex workers  
   17.     Advertising that contravenes regulations  
   18.      Advertising regulations  
   21.      Consuming liquor in brothel  
   21A.    Operating brothel other than in a building  

   PART 3--LICENSING SYSTEM

           Division 1--Requirement to be licensed

   22.     Sex work service providers to be licensed  
   23.     Special provisions for small owner-operated businesses  

           Division 2--The Authority and the Director

   25.     Functions of Authority  
   26.     Functions of Director  
   27.     Delegation by Director  

           Division 3--Applications

   33.     Application for licence  
   34.     Applications to be made available to the public  
   35.     Notice of application  
   36.     Application to be referred to Director and the Chief Commissioner  
   36A.    Consideration of application  
   37.     Circumstances in which Authority must refuse licence application  
   38.     Matters to be considered in determining suitability of applicant  
   39.     Grant or refusal of licence  
   39A.    Licensee identity cards  
   40.     Amendment of licence  
   40AA.   Endorsement of licence  
   40A.    Surrender of licence  
   41.     Cancelled or suspended licence must be returned  
   42.     Requirement for licensee to be in effective control of business  
   42A.    Absence of licensee  
   43.     Updating of application  
   44.     Withdrawal of application  
   45.     False or misleading information  
   46.     Requirement to notify changes in information provided  
   46AA.   Authority may conduct checks upon receipt of information relating to change of ownership of premises  
   46A.    Annual licence fee and statement  
   46B.    Extension of time  
   46C.    Failure to comply with section 46A  
   46D.    Production of information to Authority  
   46E.    Rule against self-incrimination does not apply  

           Division 4--Licence cancellation and disciplinary action

   47.     Licence cancellation  
   47A.    Death, disability etc. of licensed sex work service provider  
   48.     Disciplinary action against licensee  
   48A.    Disciplinary powers of Tribunal  

           Division 5--Approved managers

   49.     Personal supervision of business  
   50.     Approval of manager  
   51.     Circumstances in which Authority must refuse approval or renewal application  
   52.     Grant or refusal of approval or renewal [1]  
   52AAA.  Approved manager identity cards  
   52AA.   Amendment of approval  
   52AB.   Endorsement of certificate of approval  
   52A.    Surrender of approval  
   53.     Cancellation of approval  
   53A.    Application for permission to act as approved manager  
   53B.    Permission from the Authority  
   53C.    Authority may impose conditions  
   54.     Disciplinary action against approved manager  
   54A.    Disciplinary powers of Tribunal  
   54B.    Cancelled or suspended approval must be returned  

           Division 6--Register

   55.     Licence and approvals register  

           Division 7--Applications for review

   56.     Applications for review  

           Division 8--Offences

   57.     Licensee not to carry on business with unlicensed partner etc.  
   58.     Power to require licensee, etc. to state name and address  
   59.     Power to require person to state age  
   60.     Display of licence  
   60A.    Display of prescribed signage relating to sexual slavery  
   61.     Production of licence, certificate of approval or identity card  

           Division 8A--Inspection powers

   61A.    Definitions  
   61B.    Production of identity card  
   61C.    Accounts and other documents available for inspection  
   61D.    Licensees to produce documents and answer questions  
   61DA.   Persons to answer questions in relation to suspected non‑licensed sex work service providing businesses  
   61E.    Third parties to produce documents and answer questions relating to specified business  
   61F.    Department Heads, police and public authorities to produce information to inspectors  
   61G.    Certain other specified persons or bodies to produce information  
   61H.    Powers on production of documents  
   61I.    Order requiring supply of information and answers to questions  
   61J.    Entry or search with consent  
   61K.    Entry without consent or warrant  
   61L.    Search warrants  
   61M.    Announcement before entry  
   61N.    Details of warrant to be given to occupier  
   61NA.   Details of warrant to be given to person in charge of vehicle  
   61O.    Seizure of things not mentioned in the warrant  
   61P.    Embargo notice  
   61Q.    Copies of seized documents  
   61R.    Retention and return of seized documents or things  
   61S.    Magistrates' Court may extend 3 month period  
   61T.    Requirement to assist inspector during entry  
   61U.    Refusal or failure to comply with requirement  
   61V.    Rule against self-incrimination does not apply  
   61W.    Offence to give false or misleading information  
   61WA.   Powers of court if requirement to produce information not complied with  
   61X.    Application of provisions relating to inspections  
   61Y.    Service of documents  
   61Z.    Confidentiality  

           Division 9--Powers of entry

   62.     Entry to licensed premises by Chief Commissioner of Police  
   63.     Entry to unlicensed premises—search warrant  
   64.     Entry to unlicensed premises—without search warrant  
   65.     Admissibility of evidence obtained under entry authority  
   65A.    Delegations by the Chief Commissioner  

           Division 10--Miscellaneous

   66.     Sex Work Regulation Fund  
   67.     Advisory Committee  
   68.     Regulations  

           Division 11--Transitional

   69.     Transitional (licence)  
   70.     Transitional (manager approval)  

   PART 4--PLANNING CONTROLS ON BROTHELS

           Division 1--Definitions

   71.     Definitions  

           Division 2--Permits

   72.     Restriction on certain permit applications  
   73.     Matters to be considered by responsible authority  
   74.     Restriction on granting of permits  
   74A.    Conditions on permits for licence applicants  
   75.     Persons not to have interest in more than one brothel licence or permit  
   75A.    Amendment of permits under the Planning and Environment Act 1987  
   76.     Transitional provision  

           Division 3--Application of Planning and Environment Act 1987

   77.     Offences under Planning and Environment Act 1987  
   78.     Powers of entry  
   78A.    Entry to premises without planning permit—search warrant  
   78B.    Entry to premises without planning permit—without search warrant  
   78C.    Admissibility of evidence obtained under authority  

           Division 4--Miscellaneous

   79.     Regulations  

   PART 5--PROSCRIBED BROTHELS

   80.     Declaration of proscribed brothel  
   81.     Publication of declaration  
   82.     Offences with respect to proscribed brothels  
   83.     Police powers with respect to proscribed brothels  
   84.     Rescission of declaration  
   85.     Proof of declaration or rescission  
   85A.    What constitutes evidence of proscribed brothel  

   PART 6--GENERAL

   86.     Who may bring proceedings for offences?  
   86A.    Application of Australian Consumer Law and Fair Trading Act 2012  
   87.     Secrecy  
   88.     Immunity  
   88A.    Destruction of fingerprints etc.  
   89.     Evidentiary provisions  
   89A.    Power to serve an infringement notice  
   90.     Regulations  

   PART 7--TRANSITIONAL PROVISIONS

   91.     Prostitution Control (Amendment) Act 1997  
   92.     Prostitution Control (Amendment) Act 1999  
   93.     Prostitution Control and Other Matters Amendment Act 2008  
   94.     Saving provision concerning change of Act name  
   95.     Sex Work and Other Acts Amendment Act 2011  
   96.     Transitional provisions—Sex Work Decriminalisation Act 2022  
           SCHEDULE 3
           ENDNOTES