2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Justice, Consumer Affairs and Road Safety)
Prostitution Amendment Bill 2018

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Legislation repealed	2
	5	Long title	2
	6	Section 1	2
	7	Offences against Act—application of Criminal Code etc
Section 3A, note 1	3
	8	Objects
Section 4 (b)	3
	9	Section 4 (d)	3
	10	Definitions for pt 2
Section 5, definitions	4
	11	Section 5, definitions of sole operator brothel and sole operator escort agency	4
	12	Sections 7 and 8	4
	13	Register
Section 11 (1)	4
	14	Section 11 (2)	5
	15	Section 11 (4) to (6)	5
	16	Sections 12 to 14	5
	17	Police report to be given before person becomes interested person
Section 16	9
	18	Brothels—other than in prescribed location
Section 18 (3)	9
	19	Soliciting
New section 19 (3)	9
	20	Causing child to provide commercial sexual services etc
Section 20 (4)	10
	21	Section 21 heading	10
	22	Section 21 (2)	10
	23	Sections 24 and 25	10
	24	Medical tests and examinations
Section 26	10
	25	Section 26	11
	26	Section 26	11
	27	New section 26A	11
	28	Use of prophylactics
Section 27 (3), new note	13
	29	Regulation-making power
Section 32 (2) (g) to (i)	13
	30	New section 34	13
	31	Disqualifying offences—this Act
Schedule 2, item 5, column 3	14
	32	Schedule 2, item 7	14
	33	Schedule 2, item 8, column 3	14
	34	Schedule 2, new item 8A	14
	35	Disqualifying offences—foreign countries
Schedule 3, section 3.1 (1) (f)	15
	36	New schedule 4	16
	37	Dictionary, note 2	17
	38	Dictionary, definitions of annual notice and authorised nurse practitioner	17
	39	Dictionary, definition of brothel	17
	40	Dictionary, definition of commercial operator	17
	41	Dictionary, definition of commercial sexual services	17
	42	Dictionary, definition of employed	18
	43	Dictionary, definition of escort agency	18
	44	Dictionary, definition of nurse practitioner position	18
	45	Dictionary, definition of premises used by a single prostitute	18
	46	Dictionary, new definition of premises used by a single sex worker	18
	47	Dictionary	19
	48	Dictionary, new definition of sex work	19
	49	Dictionary, definition of sole operator	19
Schedule 1	Consequential amendments	20
Part 1.1	Children and Young People Act 2008	20
Part 1.2	Crimes (Child Sex Offenders) Act 2005	20
Part 1.3	Fair Trading (Australian Consumer Law) Act 1992	21
Part 1.4	Spent Convictions Act 2000	21
Part 1.5	Supreme Court Act 1933	21

2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Justice, Consumer Affairs and Road Safety)
Prostitution Amendment Bill 2018

A Bill for
An Act to amend the Prostitution Act 1992, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Prostitution Amendment Act 2018.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Prostitution Act 1992.
Note 	This Act also amends other legislation (see sch 1).
4	Legislation repealed
The Prostitution Regulation 1993 (SL1993-19) is repealed.
5	Long title
substitute
An Act to regulate certain aspects of sex work
6	Section 1
substitute
1	Name of Act
This Act is the Sex Work Act 1992.
7	Offences against Act—application of Criminal Code etc
Section 3A, note 1
insert
·	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 26A (Commercial operator must provide health and safety equipment).
8	Objects
Section 4 (b)
omit
prostitutes
substitute
sex workers
9	Section 4 (d)
omit
exploitation in relation to prostitution
substitute
sexual exploitation
10	Definitions for pt 2
Section 5, definitions
omit the definitions of
annual notice
commercial operator
registration notice
sole operator
11	Section 5, definitions of sole operator brothel and sole operator escort agency
omit
prostitute
substitute
sex worker
12	Sections 7 and 8
omit
13	Register
Section 11 (1)
omit
brothels and escort agencies
substitute
commercial brothels and commercial escort agencies
14	Section 11 (2)
omit
brothel or escort agency
substitute
commercial brothel or commercial escort agency
15	Section 11 (4) to (6)
omit
16	Sections 12 to 14
substitute
12	Registration notice etc to be given to commissioner—commercial operators
	(1)	A person commits an offence if—
	(a)	the person is an operator of a commercial brothel or commercial escort agency; and
	(b)	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:
	(i)	a registration notice; 
	(ii)	a required police report in relation to the brothel or escort agency.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	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:
	(a)	its business name (if any) and address;
	(b)	the name and home address of each person in day-to-day control of the brothel or escort agency;
	(c)	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;
	(d)	if the owner (or an owner) of the brothel or escort agency is a corporation—the following for each corporation that is an owner:
	(i)	its name and business address;
	(ii)	the name and home address of each director and each shareholder;
	(e)	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.
Note 1	If a form is approved under s 30 for a notice, the form must be used.
Note 2	A fee may be determined under s 29 for a notice under this section.
13	Annual notice to be given to commissioner—commercial operators
	(1)	A person commits an offence if—
	(a)	the person is an operator of a commercial brothel or commercial escort agency; and
	(b)	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.
	(2)	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:
	(a)	its business name (if any) and address;
	(b)	the name and home address of each person in day-to-day control of the brothel or escort agency;
	(c)	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;
	(d)	if the owner (or an owner) of the brothel or escort agency is a corporation—the following for each corporation that is an owner:
	(i)	its name and business address;
	(ii)	the name and home address of each director and each shareholder;
	(e)	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.
Note 1	If a form is approved under s 30 for a notice, the form must be used.
Note 2	A fee may be determined under s 29 for a notice under this section.
14	Other notices to be given to commissioner—commercial operators and former commercial operators
	(1)	A person commits an offence if—
	(a)	the person is an operator of a commercial brothel or commercial escort agency; and
	(b)	any information given to the commissioner in a notice under this division changes; and
	(c)	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.
	(2)	A person commits an offence if—
	(a)	the person is an operator of a commercial brothel or commercial escort agency; and
	(b)	the brothel or escort agency stops operating; and
	(c)	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.
17	Police report to be given before person becomes interested person
Section 16
omit
brothel or escort agency
substitute
commercial brothel or commercial escort agency
18	Brothels—other than in prescribed location
Section 18 (3)
omit
prostitute
substitute
sex worker
19	Soliciting
New section 19 (3)
insert
	(3)	In this section:
public place means any street, road, public park, reserve, or any building, premises or other place that the public are entitled to use or that is open to, or used by, the public (whether on payment or otherwise).
20	Causing child to provide commercial sexual services etc
Section 20 (4)
omit
Strict
substitute
Absolute
21	Section 21 heading
substitute
21	Proceeds of commercial sexual services by child 
22	Section 21 (2)
omit
prostitution
substitute
sex work
23	Sections 24 and 25 
omit
24	Medical tests and examinations
Section 26
omit
authorised nurse practitioner
substitute
nurse practitioner
25	Section 26
omit
prostitute
substitute
sex worker
26	Section 26
omit
prostitute’s
substitute
sex worker’s
27	New section 26A
insert
26A	Commercial operator must provide health and safety equipment
	(1)	A person commits an offence if the person—
	(a)	is the operator of a commercial brothel or commercial escort agency; and
	(b)	fails to provide a sex worker employed at the brothel, or from the escort agency, prophylactics in sufficient quantity to allow the sex worker to comply with section 27 (3).
Maximum penalty:  40 penalty units.
	(2)	A person commits an offence if the person—
	(a)	is the operator of a commercial brothel or commercial escort agency; and
	(b)	fails to—
	(i)	provide a sex worker employed at the brothel, or from the escort agency, personal protective equipment; and
	(ii)	take reasonable steps to ensure the sex worker uses the personal protective equipment to minimise the risk to the sex worker’s health or safety.
Maximum penalty:  40 penalty units.
	(3)	A person commits an offence if the person—
	(a)	is the operator of a commercial brothel or commercial escort agency; and
	(b)	provides a sex worker employed at the brothel, or from the escort agency, prophylactics or personal protective equipment; and
	(c)	charges, or imposes a levy on, the sex worker for the prophylactics or personal protective equipment.
Maximum penalty:  40 penalty units.
	(4)	In this section:
commercial brothel—see section 5.
commercial escort agency—see section 5.
personal protective equipment, in relation to sex work, means anything used or worn by a sex worker to minimise risk to the sex worker’s health or safety from engaging in sex work.
Examples—personal protective equipment
dental dams, latex gloves, water-based lubricants, sponges
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
28	Use of prophylactics
Section 27 (3), new note
insert
Note	It is also an offence not to take reasonable precautions against transmitting a notifiable condition (see Public Health Regulation 2000, s 21 (1)).
29	Regulation-making power
Section 32 (2) (g) to (i)
omit
prostitutes
substitute
sex workers
30	New section 34
insert
34	Sex Work Regulation 2018—sch 4
	(1)	The provisions set out in schedule 4 are taken, on the commencement of this section, to be a regulation made under section 32. 
	(2)	To remove any doubt and without limiting subsection (1), the regulation may be amended or repealed as if it had been made by the Executive under section 32. 
	(3)	Also to remove any doubt, the regulation is taken— 
	(a)	to have been notified under the Legislation Act on the day the Prostitution Amendment Act 2018 is notified; and 
	(b)	to have commenced on the commencement of this section; and 
	(c)	not to be required to be presented to the Legislative Assembly under the Legislation Act, section 64 (1). 
	(4)	Subsections (1) to (3) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies. 
	(5)	This section and schedule 4 expire on the day they commence. 
31	Disqualifying offences—this Act
Schedule 2, item 5, column 3
omit
child prostitution
substitute
commercial sexual services by child
32	Schedule 2, item 7
omit
33	Schedule 2, item 8, column 3
omit
prostitute
substitute
sex worker
34	Schedule 2, new item 8A
insert

8A	26A	obligation to supply health and safety equipment	
35	Disqualifying offences—foreign countries
Schedule 3, section 3.1 (1) (f)
omit
prostitution
substitute
provision of commercial sexual services
36	New schedule 4
insert
Schedule 4	Sex Work Regulation 2018
(see s 34)

Australian Capital Territory
Sex Work Regulation 2018     
Subordinate Law SL2018-
made under the
Sex Work Act 1992

1	Name of regulation
This regulation is the Sex Work Regulation 2018.
2	Locations
For the Act, section 18 (1), the following locations are prescribed:
	(a)	the division of Fyshwick in the Central Canberra district;
	(b)	the division of Mitchell in the Gungahlin district.
37	Dictionary, note 2
insert
·	nurse practitioner
38	Dictionary, definitions of annual notice and authorised nurse practitioner
omit
39	Dictionary, definition of brothel
omit
prostitution
substitute
sex work
40	Dictionary, definition of commercial operator
omit
41	Dictionary, definition of commercial sexual services
omit
prostitute
substitute
person providing the sexual services 
42	Dictionary, definition of employed
omit
prostitute 
substitute
sex worker 
43	Dictionary, definition of escort agency
omit
prostitution
substitute
sex work
44	Dictionary, definition of nurse practitioner position
omit
45	Dictionary, definition of premises used by a single prostitute
omit 
46	Dictionary, new definition of premises used by a single sex worker
insert
premises used by a single sex worker means premises used by not more than 1 sex worker other than—
	(a)	premises adjacent to or, for town houses, units or apartments, in the same block as, other premises that are used for sex work; or
	(b)	premises at which the provision of commercial sexual services is arranged by a person (other than the sex worker) who arranges clients for other sex workers; or
	(c)	premises to which clients are referred by other sex workers, or from which clients are referred to other sex workers.
47	Dictionary
omit the definitions of
prostitute
prostitution
public place
registration notice
scope of practice
48	Dictionary, new definition of sex work
insert
sex work means the provision of commercial sexual services by an adult.
49	Dictionary, definition of sole operator
omit

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Children and Young People Act 2008
[1.1]	Section 344, example 4
omit
through prostitution
substitute
with money received in exchange for sexual services
Part 1.2	Crimes (Child Sex Offenders) Act 2005
[1.2]	Schedule 2, part 2.1, item 13 to 16
substitute

13	Sex Work Act 1992, section 19 (2)	accosting child for commercial sexual services		
14	Sex Work Act 1992, section 20 (1)	causing child under 12 to provide commercial sexual services		
15	Sex Work Act 1992, section 20 (3)	causing child 12 or older to provide commercial sexual services		
16	Sex Work Act 1992, section 21 (1)	proceeds of commercial sexual services by child		
Part 1.3	Fair Trading (Australian Consumer Law) Act 1992
[1.3]	Section 34 (2), definition of consumer and trader legislation, paragraph (d)
substitute
	(d)	the Sex Work Act 1992;
Part 1.4	Spent Convictions Act 2000
[1.4]	Section 19 (8)
omit
Prostitution Act 1992
substitute
Sex Work Act 1992
Part 1.5	Supreme Court Act 1933
[1.5]	Schedule 2, section 2.1, definition of Prostitution Act
omit
[1.6]	Schedule 2, section 2.1, new definition of Sex Work Act
insert
Sex Work Act means the Sex Work Act 1992.
[1.7]	Schedule 2, part 2.2, items 32 and 33
substitute

32	Sex Work Act	20	causing child to provide commercial sexual services etc	
33	Sex Work Act	21	receiving proceeds of commercial sexual services by child	

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 7 June 2018.
2	Notification
	Notified under the Legislation Act on	2018.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2018