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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Prostitution and Other Acts
Amendment Bill 2009
Queensland
Prostitution and Other Acts Amendment
Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Prostitution Act 1999
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new pt 6, div 4, sdiv 1 hdg . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 92 (Definitions for div 4) . . . . . . . . . . . . . . . . . . 4
6 Insertion of new pt 6, div 4, sdiv 2 hdg . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 93 (Advertising prostitution) . . . . . . . . . . . . . . . 5
8 Insertion of new pt 6, div 4, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . 6
Subdivision 3 Advertising offences about social escort
services
96A Advertising social escort services . . . . . . . . . . . . . . . 6
96B Clients of social escort services to be informed that
prostitution is not provided . . . . . . . . . . . . . . . . . . . . . 7
96C Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 139 (Approval of forms). . . . . . . . . . . . . . . . . . . 8
10 Amendment of s 139A (Guidelines) . . . . . . . . . . . . . . . . . . . . . . . 8
11 Amendment of s 140 (Regulation-making power) . . . . . . . . . . . . 8
12 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 3 Amendment of Criminal Code
13 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Amendment of s 229C (Definitions) . . . . . . . . . . . . . . . . . . . . . . . 10
15 Insertion of new s 229F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
229F Meaning of carry on a business . . . . . . . . . . . . . . . . . 10
16 Amendment of s 229H (Knowingly participating in provision of
prostitution). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Prostitution and Other Acts Amendment Bill 2009
Contents
17 Insertion of new ss 229HA-229HC . . . . . . . . . . . . . . . . . . . . . . . 13
229HA When section 229H does not apply to a person. . . . . 13
229HB Carrying on business of providing unlawful
prostitution ........................... 13
229HC Persons engaging in or obtaining prostitution through
unlawful prostitution business. . . . . . . . . . . . . . . . . . . 14
18 Amendment of s 229J (Certificate of discharge for s 229I
offence) ....................................... 14
19 Insertion of new s 229M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
229M Evidence that business of prostitution is being
carried on ............................. 15
Part 4 Amendment of Child Employment Act 2006
20 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21 Insertion of new s 8B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8B Prohibition on work as social escort. . . . . . . . . . . . . . 16
Page 2
2009
A Bill
for
An Act to amend the Prostitution Act 1999, the Criminal Code
and the Child Employment Act 2006 for particular purposes
Prostitution and Other Acts Amendment Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Prostitution and Other Acts 4
Amendment Act 2009. 5
Clause 2 Commencement 6
Parts 2 and 4 commence on a day to be fixed by proclamation. 7
Part 2 Amendment of Prostitution Act 8
1999 9
Clause 3 Act amended 10
This part amends the Prostitution Act 1999. 11
Clause 4 Insertion of new pt 6, div 4, sdiv 1 hdg 12
Part 6, division 4, before section 92-- 13
insert-- 14
`Subdivision 1 Definitions'. 15
Clause 5 Amendment of s 92 (Definitions for div 4) 16
Section 92, definition publish, after `recording'-- 17
insert-- 18
`or on the internet, even if-- 19
Page 4
Prostitution and Other Acts Amendment Bill 2009
Part 2 Amendment of Prostitution Act 1999
[s 6]
(a) the act done to publish the advertisement or statement in 1
Queensland is done outside Queensland; or 2
(b) if the advertisement or statement is published on an 3
internet site--the site is located outside Queensland'. 4
Clause 6 Insertion of new pt 6, div 4, sdiv 2 hdg 5
After section 92-- 6
insert-- 7
`Subdivision 2 Advertising offences about 8
prostitution'. 9
Clause 7 Amendment of s 93 (Advertising prostitution) 10
(1) Section 93(1), (2) and (3), penalty-- 11
omit. 12
(2) Section 93, at the end-- 13
insert-- 14
`Maximum penalty for subsections (1) to (3)-- 15
(a) if an internet website has been established for the 16
advertisement-- 17
(i) if the cost of establishing the website is $1000 or 18
less--70 penalty units; and 19
(ii) if the cost of establishing the website is more than 20
$1000--an amount that is 10 times the commercial 21
cost of establishing the website; or 22
(b) otherwise-- 23
(i) if the cost of publishing the advertisement is $1000 24
or less--70 penalty units; or 25
(ii) if the cost of publishing the advertisement is more 26
than $1000--an amount that is 10 times the cost of 27
publishing the advertisement.'. 28
Page 5
Prostitution and Other Acts Amendment Bill 2009
Part 2 Amendment of Prostitution Act 1999
[s 8]
(3) Section 93(4), definition approved form, paragraphs (a) and 1
(b), after `advertisement'-- 2
insert-- 3
`mentioned in section 93(2) or 96A(2)'. 4
(4) Section 93(4), definition approved form-- 5
relocate to section 92. 6
(5) Section 93(4)-- 7
omit. 8
Clause 8 Insertion of new pt 6, div 4, sdiv 3 9
After section 96-- 10
insert-- 11
`Subdivision 3 Advertising offences about social 12
escort services 13
In
14
`96A Advertising social escort services 15
`(1) A person must not publish an advertisement for social escort 16
services that does not, by the use of the words `non sexual' or 17
`sexual services are not provided', unequivocally state that the 18
services are not sexual or that sexual services are not 19
provided. 20
`(2) A person must not publish an advertisement for social escort 21
services that is not in the approved form. 22
Maximum penalty for subsections (1) and (2)-- 23
(a) if an internet website has been established for the 24
advertisement-- 25
(i) if the cost of establishing the website is $1000 or 26
less--70 penalty units; and 27
(ii) if the cost of establishing the website is more than 28
$1000--an amount that is 10 times the commercial 29
cost of establishing the website; or 30
Page 6
Prostitution and Other Acts Amendment Bill 2009
Part 2 Amendment of Prostitution Act 1999
[s 8]
(b) otherwise-- 1
(i) if the cost of publishing the advertisement is $1000 2
or less--70 penalty units; or 3
(ii) if the cost of publishing the advertisement is more 4
than $1000--an amount that is 10 times the cost of 5
publishing the advertisement. 6
`96B Clients of social escort services to be informed that 7
prostitution is not provided 8
`(1) An employee of a social escort provider must not arrange for 9
the provision of a social escort service to a person unless the 10
employee has clearly informed the person that the social 11
escort service does not include the provision of prostitution. 12
Maximum penalty--70 penalty units. 13
`(2) A social escort must not start to provide a social escort service 14
to a person unless the social escort has clearly informed the 15
person that the social escort service does not include the 16
provision of prostitution. 17
Maximum penalty--70 penalty units 18
`(3) A social escort provider commits an offence if-- 19
(a) a person enters into an arrangement for the provision of 20
a social escort service to the person, or has been 21
provided with a social escort service; and 22
(b) the person has not been clearly informed by the social 23
escort provider, an employee of the social escort 24
provider or by the social escort that the social escort 25
service does not include the provision of prostitution. 26
Maximum penalty--70 penalty units. 27
`(4) In a proceeding for an offence against subsection (3), it is a 28
defence for the social escort provider to prove that-- 29
(a) the provider issued appropriate instructions to the 30
provider's employees and to the relevant social escort 31
and used all reasonable precautions to ensure 32
compliance with subsection (3); and 33
Page 7
Prostitution and Other Acts Amendment Bill 2009
Part 2 Amendment of Prostitution Act 1999
[s 9]
(b) the offence was committed by an employee or the social 1
escort without the provider's knowledge; and 2
(c) the provider could not, by the exercise of reasonable 3
diligence, have prevented the commission of the 4
offence. 5
`(5) In this section-- 6
arrange means enter into an arrangement of a commercial 7
character. 8
`96C Evidentiary provision 9
`Evidence that an advertisement or statement has been 10
published in relation to a social escort service is evidence that 11
the person who carried on the business of a social escort 12
provider at the relevant time published the advertisement or 13
statement in relation to the social escort service.'. 14
Clause 9 Amendment of s 139 (Approval of forms) 15
Section 139(2), after `section 93(2)'-- 16
insert-- 17
`or 96A(2)'. 18
Clause 10 Amendment of s 139A (Guidelines) 19
Section 139A(1) and (2), after `prostitution'-- 20
insert-- 21
`or social escort services'. 22
Clause 11 Amendment of s 140 (Regulation-making power) 23
Section 140(2)(e), after `brothels'-- 24
insert-- 25
`or social escort services'. 26
Page 8
Prostitution and Other Acts Amendment Bill 2009
Part 2 Amendment of Prostitution Act 1999
[s 12]
Clause 12 Amendment of sch 4 (Dictionary) 1
(1) Schedule 4, definition approved form-- 2
omit. 3
(2) Schedule 4-- 4
insert-- 5
`advertisement, for part 6, division 4 and section 139A, see 6
section 92. 7
approved form see section 139. 8
health services means services prescribed under a regulation 9
for maintaining, improving and restoring people's health and 10
wellbeing. 11
publish, an advertisement or statement, for part 6, division 4, 12
see section 92. 13
social escort means a person who, under an arrangement of a 14
commercial character, is held out to the public for hire to-- 15
(a) accompany another person to social affairs, places of 16
entertainment or amusement; or 17
(b) consort with a person in any place, whether public or 18
private; 19
but does not include-- 20
(c) a person who provides the services mentioned in 21
paragraph (a) or (b) as part of health services for the 22
other person; or 23
(d) a person who provides prostitution. 24
social escort provider means a person or entity that, under an 25
arrangement of a commercial character-- 26
(a) provides, or offers to provide, names of social escorts to 27
persons; or 28
(b) introduces, or offers to introduce, persons to social 29
escorts; or 30
(c) takes any other step for the purpose of introducing 31
persons to social escorts.'. 32
Page 9
Prostitution and Other Acts Amendment Bill 2009
Part 3 Amendment of Criminal Code
[s 13]
Part 3 Amendment of Criminal Code 1
Clause 13 Act amended 2
This part amends the Criminal Code. 3
Clause 14 Amendment of s 229C (Definitions) 4
(1) Section 229C, heading-- 5
omit, insert-- 6
`229C Definitions for ch 22A'. 7
(2) Section 229C-- 8
insert-- 9
`carry on a business see section 229F. 10
prostitution see section 229E. 11
unlawful prostitution means prostitution by 2 or more 12
prostitutes, other than at a licensed brothel in accordance with 13
the brothel licence for the brothel.'. 14
Clause 15 Insertion of new s 229F 15
After section 229E-- 16
insert-- 17
`229F Meaning of carry on a business 18
`To carry on a business, a person must at least-- 19
(a) provide finance for the business; and 20
(b) either-- 21
(i) take part in the management of the business; or 22
(ii) control the business.'. 23
Page 10
Prostitution and Other Acts Amendment Bill 2009
Part 3 Amendment of Criminal Code
[s 16]
Clause 16 Amendment of s 229H (Knowingly participating in 1
provision of prostitution) 2
(1) Section 229H(1), example 3-- 3
omit. 4
(2) Section 229H(1), example 5, after `prostitution'-- 5
insert-- 6
`unless section 229HA(4)(b)(ii) applies'. 7
(3) Section 229H(1), example 6, after `another person'-- 8
insert-- 9
`unless section 229HA(5) applies'. 10
(4) Section 229H(1), examples 4 to 7-- 11
renumber as examples 3 to 6. 12
(5) Section 229H(1), after example 6 (as renumbered)-- 13
insert-- 14
`Note-- 15
Some of these examples may also illustrate the offence defined in 16
section 229HB.'. 17
(6) Section 229H(3), `Subsection (1)'-- 18
omit, insert-- 19
`Section 229H'. 20
(7) Section 229H(4) and (5), `Also, subsection (1)'-- 21
omit, insert-- 22
`Section 229H'. 23
(8) Section 229H(5)(a), from `is not'-- 24
omit, insert-- 25
`the prostitution is not unlawful prostitution; and'. 26
(9) Section 229H(5)(b)-- 27
omit, insert-- 28
`(b) either-- 29
Page 11
Prostitution and Other Acts Amendment Bill 2009
Part 3 Amendment of Criminal Code
[s 16]
(i) the participant-- 1
(A) is the holder of a current licence issued under 2
the Security Providers Act 1993 for carrying 3
out the functions of a bodyguard under that 4
Act; and 5
(B) participates in the provision of the 6
prostitution no more than the extent 7
necessary for providing services as a 8
bodyguard; and 9
(C) participates in the provision of the 10
prostitution by the other person and no one 11
else; or 12
(ii) the participant-- 13
(A) is the holder of a current licence issued under 14
the Security Providers Act 1993 for carrying 15
out the functions of a crowd controller under 16
that Act; and 17
(B) participates in the provision of the 18
prostitution no more than the extent 19
necessary for providing services as a driver; 20
and 21
(C) participates in the provision of the 22
prostitution by the other person and no one 23
else; and'. 24
(10) Section 229H-- 25
insert-- 26
`(6) Section 229H does not apply to a person (also the participant) 27
who knowingly participates, directly or indirectly, in the 28
provision of prostitution by another person if-- 29
(a) the provision of the prostitution by the other person does 30
not take place at a licensed brothel, and the prostitution 31
is not unlawful prostitution; and 32
(b) the participant directly receives a message from the 33
other person about the other person's location, or the 34
Page 12
Prostitution and Other Acts Amendment Bill 2009
Part 3 Amendment of Criminal Code
[s 17]
activity being undertaken by the other person, in relation 1
to the provision of prostitution by the other person; and 2
(c) the participant participates in the provision of the 3
prostitution no more than the extent necessary for 4
ensuring the safety of the other person; and 5
(d) the participant participates in the provision of the 6
prostitution by the other person and no one else; and 7
(e) the participant does not engage in prostitution.'. 8
(11) Section 229H(3) to (6)-- 9
relocate and renumber as section 229HA(2) to (5). 10
Clause 17 Insertion of new ss 229HA-229HC 11
After section 229H-- 12
insert-- 13
`229HA When section 229H does not apply to a person 14
`(1) Subsections (2) to (5) set out particular circumstances in 15
which section 229H does not apply to a person. 16
`229HB Carrying on business of providing unlawful 17
prostitution 18
`(1) A person who knowingly carries on the business of providing 19
unlawful prostitution commits a crime. 20
Maximum penalty--imprisonment for 7 years. 21
`(2) However, if a person who is not an adult or is a person with an 22
impairment of the mind is, to the offender's knowledge, 23
engaged in the provision of the prostitution, the offender is 24
liable to a maximum penalty of 14 years imprisonment. 25
`(3) This section and section 229H do not limit each other. 26
Page 13
Prostitution and Other Acts Amendment Bill 2009
Part 3 Amendment of Criminal Code
[s 18]
`229HC Persons engaging in or obtaining prostitution through 1
unlawful prostitution business 2
`(1) A person who engages in prostitution through a business 3
suspected on reasonable grounds of providing unlawful 4
prostitution commits a crime. 5
Maximum penalty-- 6
(a) for a first offence--imprisonment for 3 years; or 7
(b) for a second offence--imprisonment for 5 years; or 8
(c) for a third or subsequent offence--imprisonment for 7 9
years. 10
`(2) A person who, without reasonable excuse, obtains prostitution 11
through a business suspected on reasonable grounds of 12
providing unlawful prostitution commits a crime. 13
Maximum penalty-- 14
(a) for a first offence--imprisonment for 3 years; or 15
(b) for a second offence--imprisonment for 5 years; or 16
(c) for a third or subsequent offence--imprisonment for 7 17
years.'. 18
Clause 18 Amendment of s 229J (Certificate of discharge for s 229I 19
offence) 20
(1) Section 229J, heading-- 21
omit, insert-- 22
`229J Certificate of discharge for particular offences'. 23
(2) Section 229J(1)-- 24
insert-- 25
`unlawful prostitution offence means an offence against 26
section 229HC(1) or (2).'. 27
(3) Section 229J(1), definitions defendant and the court, after 28
`unlawful'-- 29
insert-- 30
Page 14
Prostitution and Other Acts Amendment Bill 2009
Part 3 Amendment of Criminal Code
[s 19]
`prostitution offence or an unlawful'. 1
(4) Section 229J(2), (5)(a), (6) and (7), after `unlawful'-- 2
insert-- 3
`prostitution offence or the unlawful'. 4
(5) Section 229J(5)(b), `Code in relation to the premises.'-- 5
omit, insert-- 6
`Code-- 7
(i) if the offence is an unlawful prostitution 8
offence--in relation to carrying on the business of 9
providing unlawful prostitution; or 10
(ii) if the offence is an unlawful presence offence--in 11
relation to the premises.'. 12
Clause 19 Insertion of new s 229M 13
After section 229L-- 14
insert-- 15
`229M Evidence that business of prostitution is being 16
carried on 17
`(1) The fact that a business of prostitution is being carried on may 18
be inferred from employment records, business records, 19
telephone records, advertisements and other relevant factors 20
and circumstances. 21
`(2) However, evidence of condoms and other material for safe sex 22
practices is not admissible against a defendant.'. 23
Page 15
Prostitution and Other Acts Amendment Bill 2009
Part 4 Amendment of Child Employment Act 2006
[s 20]
Part 4 Amendment of Child 1
Employment Act 2006 2
Clause 20 Act amended 3
This part amends the Child Employment Act 2006. 4
Clause 21 Insertion of new s 8B 5
After section 8A-- 6
insert-- 7
`8B Prohibition on work as social escort 8
`(1) An employer must not require or permit a child to work as a 9
social escort. 10
Maximum penalty--100 penalty units. 11
`(2) In this section-- 12
social escort see the Prostitution Act 1999, schedule 4.'. 13
© State of Queensland 2009
Page 16
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