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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
ocal Communities (Brothels--Flexible
Zoning) Bill 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Establishment of brothel-free zone
4 Proposal for establishment of brothel-free zone 3
5 Public consultation on proposal to establish brothel-free
zone 3
6 Establishment of brothel-free zone 3
7 Operation of brothel-free zone 4
8 Cancellation of brothel-free zone 4
9 Change to boundaries of brothel-free zone 4
b01-700-p02.840
Local Communities (Brothels--Flexible Zoning) Bill 2001
Contents
Page
Part 3 Enforcement
10 Offence to use premises as brothel in brothel-free zone 5
11 Issue of search warrant 5
12 Proceedings for offences 5
Part 4 Miscellaneous
13 Zone has effect despite other laws 6
14 No compensation payable 6
15 Amendment of Search Warrants Act 1985 No 37 7
Contents page 2
New South Wales
ocal Communities (Brothels--Flexible
Zoning) Bill 2001
No , 2001
A Bill for
An Act to provide for the establishment of brothel-free zones in local government
areas; and for other purposes.
Clause 1 Local Communities (Brothels--Flexible Zoning) Bill 2001
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Local Communities (Brothels--Flexible Zoning) Act 4
2001. 5
2 Commencement 6
This Act commences on the date of assent. 7
3 Definitions 8
In this Act: 9
area, in relation to a council, means the area of the council within the 10
meaning of the Local Government Act 1993. 11
brothel means premises used for the purposes of prostitution, 12
including premises used by only one prostitute for the purposes of 13
prostitution. 14
brothel-free zone means a zone operating under this Act as a brothel- 15
free zone. 16
council has the meaning given by the Local Government Act 1993. 17
premises includes a building and any part of a building. 18
Page 2
Local Communities (Brothels--Flexible Zoning) Bill 2001 Clause 4
Establishment of brothel-free zone Part 2
Part 2 Establishment of brothel-free zone 1
4 Proposal for establishment of brothel-free zone 2
(1) A council may prepare a proposal to establish a brothel-free zone in 3
the area of the council, either on its own motion or on the application 4
of one or more of the following people: 5
(a) a person who the council is satisfied is a representative of a 6
bona fide community group active in the area, 7
(b) a police officer, 8
(c) a person who the council is satisfied lives or works in the area. 9
(2) The application must be in a form approved by the council. 10
(3) The proposed brothel-free zone may comprise the whole or any part of 11
the area of the council. 12
5 Public consultation on proposal to establish brothel-free zone 13
(1) After preparing a proposal under section 4, the council may, by notice 14
published in a newspaper circulating in the area as a whole or in a part 15
of the area that includes the zone concerned: 16
(a) declare that it proposes to establish a brothel-free zone, 17
indicating the location of the zone, and 18
(b) state the place at which, the dates on which and the times 19
during which, a copy of the proposal may be inspected, and 20
(c) invite representations and objections from persons and groups 21
within the area, indicating that any representations or objections 22
by them must be made within 14 days after the date on which 23
the notice is published. 24
(2) The council must consider all representations and objections that are 25
duly made to it under this section. 26
6 Establishment of brothel-free zone 27
(1) After complying with the procedures set out in sections 4 and 5, the 28
council may, by resolution, adopt a proposal (with or without 29
modifications) to establish a brothel-free zone. 30
(2) The resolution has the effect of establishing the brothel-free zone in 31
accordance with the terms of the resolution. 32
Page 3
Clause 6 Local Communities (Brothels--Flexible Zoning) Bill 2001
Part 2 Establishment of brothel-free zone
(3) After making the resolution, the council must, by notice published in 1
a newspaper circulating in the area as a whole or in a part of the area 2
that includes the zone concerned, declare that a brothel-free zone has 3
been established. 4
7 Operation of brothel-free zone 5
(1) A brothel-free zone operates, in accordance with the terms of the 6
resolution establishing the zone, on and from a date specified in the 7
resolution as being the date from which the zone operates. 8
(2) However, a brothel-free zone cannot operate earlier than 30 days after 9
the first publication of the relevant notice under section 6. 10
8 Cancellation of brothel-free zone 11
The council may, at the request of any person or body or of its own 12
motion, cancel the operation of a brothel-free zone by publishing 13
notice of the cancellation in a newspaper circulating in the area as a 14
whole or in a part of the area that includes the zone concerned. 15
9 Change to boundaries of brothel-free zone 16
(1) After establishing a brothel-free zone, the council cannot change the 17
boundaries of the brothel-free zone unless the council prepares a 18
proposal to change the boundaries of the zone. 19
(2) Sections 4, 5 and 6 apply in respect of such a proposal as if it were a 20
proposal to establish a brothel-free zone. 21
(3) Section 7 applies in respect of any resolution that adopts such a 22
proposal. 23
Page 4
Local Communities (Brothels--Flexible Zoning) Bill 2001 Clause 10
Enforcement Part 3
Part 3 Enforcement 1
10 Offence to use premises as brothel in brothel-free zone 2
(1) An occupier of premises in a brothel-free zone must not: 3
(a) use the premises for the purpose of a brothel, or 4
(b) allow the premises to be used for the purpose of a brothel. 5
Maximum penalty: 100 penalty units. 6
(2) In this section: 7
occupier of premises includes a person having management or control 8
of the premises. 9
11 Issue of search warrant 10
(1) A police officer may apply to an authorised justice for a search warrant 11
if the police officer has reasonable grounds for believing that premises 12
in a brothel-free zone are being used for the purpose of a brothel. 13
(2) An authorised justice to whom an application is made under this 14
section may, if satisfied that there are reasonable grounds for doing so, 15
issue a search warrant authorising any police officer: 16
(a) to enter and search the premises, and 17
(b) to seize any article that may be evidence that the premises are 18
being used for the purpose of a brothel. 19
(3) Part 3 of the Search Warrants Act 1985 applies to a search warrant 20
issued under this section. 21
(4) In this section: 22
authorised justice has the meaning given by the Search Warrants Act 23
1985. 24
12 Proceedings for offences 25
Proceedings for an offence under this Act may be dealt with: 26
(a) summarily before a Local Court constituted by a Magistrate 27
sitting alone, or 28
(b) summarily before the Land and Environment Court. 29
Page 5
Clause 13 Local Communities (Brothels--Flexible Zoning) Bill 2001
Part 4 Miscellaneous
Part 4 Miscellaneous 1
13 Zone has effect despite other laws 2
(1) This Act has effect despite the provisions of any other Act or law. 3
(2) In particular, a brothel-free zone operates in respect of all premises in 4
the zone despite the provisions of the following: 5
(a) any environmental planning instrument made under the 6
Environmental Planning and Assessment Act 1979 (whether 7
before or after the commencement of this Act) that applies to 8
the area that includes the zone, 9
(b) any development consent granted under the Environmental 10
Planning and Assessment Act 1979 (whether before or after the 11
commencement of this Act). 12
(3) This Act does not affect the application of the Disorderly Houses Act 13
1943 to any premises within a brothel-free zone. 14
(4) However, this Act applies in respect of premises in a brothel-free zone 15
that are used as a brothel despite section 17 of the Disorderly Houses 16
Act 1943. 17
14 No compensation payable 18
(1) Compensation is not payable by a council or the Crown for any loss 19
suffered as a result of the operation of this Act or anything done under 20
this Act. 21
(2) In this section: 22
compensation includes damages or any other form of monetary 23
compensation. 24
the Crown means the Crown within the meaning of the Crown 25
Proceedings Act 1988, and includes any officer, employee or agent of 26
the Crown. 27
Page 6
Local Communities (Brothels--Flexible Zoning) Bill 2001 Clause 15
Miscellaneous Part 4
15 Amendment of Search Warrants Act 1985 No 37 1
The Search Warrants Act 1985 is amended by inserting in 2
alphabetical order of Acts in the definition of search warrant in 3
section 10: 4
section 11 of the Local Communities (Brothels--Flexible 5
Zoning) Act 2001, 6
Page 7
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