Prostitution Control Regulations 1995

Version No. 003

Prostitution Control Regulations 1995

S.R. No. 72/1995

Version incorporating amendments as at 1 July 2004

table of provisions

Regulation Page

PART 1—PRELIMINARY 1

1. Objective 1

2. Authorising provisions 1

3. Commencement 2

4. Definitions 2

PART 2—PROSTITUTION CONTROL BOARD 3

5. Fixing time and place for hearings 3

6. Chairperson may give directions 3

7. Waiving compliance 3

8. Amendment of documents 3

PART 3—OTHER MATTERS 4

9. Sexually transmitted diseases 4

10. Advertising controls 4

11. Small owner-operated brothels 6

12. Licence application 7

13. Licence fee 7

14. Further matters relevant to suitability of applicants 9

15. Licence renewal 10

16. Recalculation of licence fee 10

17. Approval of manager or renewal of approval 11

18. Inspecting and copying register 11

19. Safety requirements 11

20. Registrar's certificate 13

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SCHEDULE—forms 14

Form 1—Application for a Licence as a Prostitution Service
Provider 14

Form 2—Application for renewal of licence as a Prostitution
Service Provider 18

Form 3—Certificate of Registrar 18

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ENDNOTES 19

1. General Information 19

2. Table of Amendments 20

3. Explanatory Details 21

Version No. 003

Prostitution Control Regulations 1995

S.R. No. 72/1995

Version incorporating amendments as at 1 July 2004

Part III—Other Matters

Prostitution Control Regulations 1995

S.R. No. 72/1995

Part I—Preliminary

1. Objective

The objective of these Regulations is to prescribe for the purposes of the Prostitution Control Act 1994—

(a) procedure of the Board; and

(b) certain sexually transmitted diseases; and

(d) particulars to be given to the Board by certain small owner-operated businesses; and

(e) matters to be specified for licence applications and renewals; and

(f) matters relevant to the suitability of applicants; and

(g) requirements for the safety of persons working in a prostitution business; and

(h) the form of registrar's certificates; and

(i) certain fees.

2. Authorising provisions

These Regulations are made under sections 3, 18, 68, 89 and 90 of the Prostitution Control Act 1994.

3. Commencement

r. 3

These Regulations come into operation on 14 June 1995.

4. Definitions

(1) In these Regulations—

"Act" means the Prostitution Control Act 1994;

"approved manager" means a person in relation to whom a certificate of approval is in force under section 50(3) of the Act;

"business name" means a name, style, title or designation under which a business is carried on;

"licensee" means the holder of a licence granted under Part 3 of the Act authorising the holder to carry on business as a prostitution service provider.

(2) A reference in these Regulations to a form is a reference to a form in the Schedule.

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Part II—Prostitution Control Board

5. Fixing time and place for hearings

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(1) The Chairperson must fix the time and place of proceedings before the Board.

(2) The Registrar must give notice to each party to proceedings of the time and place for the hearing of the proceedings at least 14 days before the date set for the hearing.

(3) If a person to whom notice has been given in accordance with sub-regulation (2) fails to attend at the time and place specified in the notice, the proceedings may be held in the absence of that person.

6. Chairperson may give directions

The Chairperson may give directions and do whatever is necessary for the expeditious and just hearing and determination of any proceedings before the Board.

7. Waiving compliance

On the application of a party or on his or her own motion, the Chairperson may waive compliance with any procedural requirement (other than a procedural requirement specified by the Act).

8. Amendment of documents

(1) On the application of a party or on his or her own motion, the Chairperson may at any time order that any document in the proceedings be amended subject to any order for adjournment or otherwise that the Chairperson thinks fit.

(2) The Chairperson may at any time correct a clerical mistake in an order or an error arising in an order from an accidental slip or omission.

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Part III—Other Matters

9. Sexually transmitted diseases

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For the purposes of the definition of "sexually transmitted diseases" in section 3 of the Act, the following diseases or conditions are prescribed—

Acquired immune deficiency syndrome

Chancroid

Donovanosis

Genital chlamydia

Genital herpes (when lesions are visible)

Genital warts (when lesions are visible)

Gonorrhoea

Lymphogranuloma venereum

Syphilis

10. Advertising controls

(1) Every advertisement for a business carried on by a prostitution service provider who is exempted by section 23 of the Act from the requirement to hold a licence must contain the letters "PCA" followed by the exemption number allocated to that provider by the Board.

(2) Every advertisement for a business carried on by a prostitution service provider who is not exempted by section 23 of the Act from the requirement to hold a licence must contain the letters "PCA" followed by the licence number allocated to that provider by the Board.

(3) An advertisement for a business carried on by a prostitution service provider must not contain a licence number or exemption number which is false, or which the provider is no longer entitled to use, or which was allocated to another person.

Reg.10(4) substitutedby S.R. No. 71/2002 reg.5(1).

(4) An advertisement for a business carried on by a prostitution service provider must not—

(a) contain a photographic or other pictorial representation of a person unless it is restricted to the head and shoulders; and

(b) contain a photographic or other pictorial representation of a particular person unless that person has given written consent for that advertisement and a copy of the signed consent has been given to that person.

Reg.10(5) substitutedby S.R. No. 71/2002 reg.5(1).

(5) Apart from an advertisement that appears in outdoor advertising or in an electronic communication or is published on the Internet, an advertisement for a business carried on by a prostitution service provider must not exceed a size of 18 centimetres by 13 centimetres.

r. 10

(6) An advertisement for a business carried on by a prostitution service provider—

(a) must not refer to the race, colour or ethnic origin of the person or persons offering sexual services; and

(b) must not refer to the health of, or any diagnostic procedures or medical testing undertaken by, the person or persons offering sexual services; and

(d) may state that safe sexual practices are engaged in and that condoms are always used.

Reg.10(7) amendedby S.R. No. 71/2002 reg.5(2).

(7) Where two or more advertisements for a business carried on by a prostitution service provider are published in a publication, apart from two or more advertisements that appear in outdoor advertising or in an electronic communication or are published on the Internet those advertisements must not appear to be parts of a unified whole which exceeds a size of 18 centimetres by 13centimetres.

Reg.10(8) amendedby S.R. No. 71/2002 reg.5(3).

(8) A person must not arrange for any photograph, pictorial representation, text or other material to appear in conjunction with an advertisement for a business carried on by a prostitution service provider unless that material is itself an advertisement for such a business.

11. Small owner-operated brothels

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For the purposes of section 24 of the Act, the prescribed particulars are—

(a) all names by which the prostitution service provider is known, his or her date of birth and residential address;

(b) all business names under which the prostitution business is carried on;

(d) the name and address of the owner of the premises at which the business is conducted;

(e) the landlord's approval, if the premises are leased; and

(f) the number of the planning permit granted by the responsible authority in respect of the business and the name of that authority.

12. Licence application

r. 12

(1) An application under section 33 of the Act must be in Form 1.

(2) The matters specified in Form 1 which are additional to those specified in section 33(2)(b) of the Act are the matters prescribed for the purposes of section 33(2)(b)(iv) of the Act.

Reg. 12(3) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item36.1).

(3) An application under section 33 of the Act must be accompanied by an application fee of 20 fee units.

13. Licence fee

(1) If the Board grants or renews a licence, the relevant licence fee under sub-regulation (3) becomes payable.

(2) A licence granted by the Board has no effect until the relevant licence fee under sub-regulation (3) has been paid.

(3) The licence fee payable by a prostitution service provider—

(a) if the application relates to a brothel, is the sum of—

Reg. 13(3)(a)(i) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item36.2(a)).

(i) 120fee units; and

Reg. 13(3)(a)(ii) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item36.2(b)).

(ii) 50 fee units for the second and each subsequent room (if any) used for prostitution; and

Reg. 13(3)(a)(iii) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item36.2(b)).

(iii) 50 fee units for the second and each subsequent business name (if any) used in carrying on business; and

(b) if the application relates to an escort agency, other than one to which sub-regulation (4) applies, is the sum of—

Reg. 13(3)(b)(i) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item36.2(a)).

(i) 120fee units; and

Reg. 13(3)(b)(ii) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item36.2(b)).

(ii) 50 fee units for the second and each subsequent telephone number (if any) used in carrying on business; and

Reg. 13(3)(b)(iii) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item36.2(b)).

(iii) 50 fee units for the second and each subsequent business name (if any) used in carrying on business; and

(c) if the application relates to a business which includes both a brothel and an escort agency, other than one to which sub-regulation (4) applies, is the sum of—

Reg. 13(3)(c)(i) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item36.2(a)).

(i) 120fee units; and

Reg. 13(3)(c)(ii) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item36.2(b)).

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(ii) 50 fee units for the second and each subsequent room (if any) used for prostitution; and

Reg. 13(3)(c)(iii) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item36.2(b)).

(iii) 50 fee units for the second and each subsequent telephone number (if any) used in carrying on business; and

Reg. 13(3)(c)(iv) amendedby S.R. No. 88/2004 reg.4(Sch. 1 item36.2(b)).

(iv) 50 fee units for the second and each subsequent business name (if any) used in carrying on business.

(4) No licence fee is payable for an application relating to a business carried on by a prostitution service provider who—

(a) would be exempted by section 23 of the Act from the requirement to hold a licence, but for the business being an escort agency or including both a brothel and an escort agency; and

(b) uses no more than two rooms for prostitution and no more than one business name and one telephone number in carrying on the business.

14. Further matters relevant to suitability of applicants

r. 14

(1) For the purposes of section 38(1)(d) of the Act, it is a requirement that the applicant have in place arrangements to ensure—

(a) that all prostitutes, receptionists and managers are aware of the requirements of regulation 19; and

(b) that regulation 19 can and will be complied with at all times.

(2) In determining whether an applicant for the renewal of a licence is a suitable person under section 38(1) of the Act, the Board must also consider—

(a) whether the applicant has failed to comply with any of these Regulations since the licence was granted or last renewed; and

(b) whether the applicant has failed to comply with any condition or restriction in the licence.

15. Licence renewal

(1) An application under section 41 of the Act must be in Form 2.

(2) The matters specified in Form 2 are the matters prescribed for the purposes of section 41(2)(b) of the Act.

(3) An application under section 41 of the Act must be accompanied by an application fee of $200.00.

(4) If the Board renews a licence, the relevant licence fee under regulation 13 becomes payable.

(5) A renewal of a licence by the Board has no effect until the relevant licence fee under regulation 13 has been paid.

16. Recalculation of licence fee

r. 15

(1) This regulation applies if a licensee uses for carrying on business as a prostitution service provider any room, telephone number or business name that was not used at the time his or her licence fee was last calculated.

(2) If the licensee's business is a brothel, the licensee must pay the relevant fee under sub-regulation (5) for each additional room or business name within 20 days of beginning to use it in carrying on the business.

(3) If the licensee's business is an escort agency, the licensee must pay the relevant fee under sub-regulation (5) for each additional telephone number or business name within 20 days of beginning to use it in carrying on the business.

(4) If the licensee's business includes both a brothel and an escort agency, the licensee must pay the relevant fee under sub-regulation (5) for each additional room, telephone number or business name within 20 days of beginning to use it in carrying on the business.

(5) For the purposes of this regulation, the relevant fee is—

(a) if the use began during the first year of the licensee's current licence period—$500.00;

(b) if the use began during the second year of the licensee's current licence period—$335.00; and

17. Approval of manager or renewal of approval

An application under section 50 of the Act must be accompanied by a fee of $125.00.

18. Inspecting and copying register

r. 17

For the purposes of section 55(2)(b) of the Act, the prescribed fee is $5.00.

19. Safety requirements

(1) If a prostitute decides not to provide, or to stop providing, sexual services because he or she believes a situation is potentially violent or unsafe, the licensee and all approved managers must not—