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Queensland
Prostitution Amendment
Bill 2006
Queensland
Prostitution Amendment Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Prostitution Act 1999
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 7 (Meaning of interest in a brothel) . . . . . . . . . . 6
5 Amendment of s 17 (Suitability of applicant) . . . . . . . . . . . . . . . . 6
6 Amendment of s 19 (The licence) . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 23 (Renewal of licence). . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 25 (Automatic cancellation of licence). . . . . . . . 8
9 Amendment of s 29 (Disciplinary powers of Authority). . . . . . . . . 8
10 Amendment of s 35 (Application for certificate) . . . . . . . . . . . . . . 8
11 Amendment of s 44 (The certificate) . . . . . . . . . . . . . . . . . . . . . . 8
12 Amendment of s 62 (Definitions for pt 4) . . . . . . . . . . . . . . . . . . . 9
13 Replacement of s 63 (Application of pt 4) . . . . . . . . . . . . . . . . . . 9
63 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Amendment of s 64K (Appeals by applicants) . . . . . . . . . . . . . . . 10
15 Amendment of s 77A (Prostitute providing sexual intercourse or
oral sex without a prophylactic) . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Amendment of s 78 (Brothel offences) . . . . . . . . . . . . . . . . . . . . . 11
17 Amendment of s 81 (Licensee not to operate brothel in
partnership or in association with unlicensed person) . . . . . . . . . 12
18 Amendment of s 87 (Display of licence) . . . . . . . . . . . . . . . . . . . . 12
19 Amendment of s 93 (Advertising prostitution) . . . . . . . . . . . . . . . 12
20 Replacement of pt 7, hdg (Administration) . . . . . . . . . . . . . . . . . . 13
21 Omission of pt 7, div 1, hdg (Prostitution Licensing Authority) . . . 13
22 Amendment of s 101 (Functions of Authority) . . . . . . . . . . . . . . . 13
23 Amendment of s 102 (Membership) . . . . . . . . . . . . . . . . . . . . . . . 14
2
Prostitution Amendment Bill 2006
24 Insertion of new ss 108A-108D . . . . . . . . . . . . . . . . . . . . . . . . . . 14
108A Authority is statutory body under the Financial
Administration and Audit Act 1977 . . . . . . . . . . . . . . . 14
108B Authority is statutory body under the Statutory
Bodies Financial Arrangements Act 1982 . . . . . . . . . 15
108C Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
108D Performance of Authority . . . . . . . . . . . . . . . . . . . . . . 15
25 Omission of ss 109 and 110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Insertion of new pt 7A, pt 7B, hdg and pt 7B, div 1, hdg . . . . . . . 16
Part 7A Office of the Prostitution Licensing Authority
Division 1 Establishment
109 Establishment of office . . . . . . . . . . . . . . . . . . . . . . . . 16
110 Function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
110A Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2 Executive Director
110B Appointment of executive director . . . . . . . . . . . . . . . 17
110C Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . 17
110D Function of executive director. . . . . . . . . . . . . . . . . . . 18
110E Relationship with Authority . . . . . . . . . . . . . . . . . . . . . 18
110F Delegation by executive director. . . . . . . . . . . . . . . . . 18
110G Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
110H Ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . 18
110I Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . 18
110J Superannuation for executive director who was
previously a public service officer. . . . . . . . . . . . . . . . 19
110K Acting executive director. . . . . . . . . . . . . . . . . . . . . . . 19
Division 3 Staff of the office
110L Office staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
27 Amendment of s 111 (Licence and certificate register) . . . . . . . . 20
28 Amendment of s 132 (Evidentiary provision) . . . . . . . . . . . . . . . . 20
29 Amendment of s 133 (Disclosure of information) . . . . . . . . . . . . . 20
30 Amendment of s 134 (Protection from liability). . . . . . . . . . . . . . . 21
31 Insertion of new s 134A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
134A Protection of health professionals from liability . . . . . 21
32 Amendment of s 138A (Delegation) . . . . . . . . . . . . . . . . . . . . . . . 22
33 Insertion of new s 139A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
139A Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34 Amendment of s 140 (Regulation-making power) . . . . . . . . . . . . 24
3
Prostitution Amendment Bill 2006
35 Amendment of s 141 (Review of Act) . . . . . . . . . . . . . . . . . . . . . . 24
36 Replacement of pt 9, hdg (Transitional provision for Prostitution
Amendment Act 2001) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
37 Insertion of new pt 9, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2 Transitional provisions for Prostitution
Amendment Act 2006
143 Transitional provision for registrar and executive
director ............................... 25
144 Transitional provision for licences. . . . . . . . . . . . . . . . 25
145 Transitional provision for certificates. . . . . . . . . . . . . . 25
146 Transitional provision for brothel offences . . . . . . . . . 25
147 Membership of Authority . . . . . . . . . . . . . . . . . . . . . . 26
148 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
149 Transitional provision for evidentiary certificates . . . . 26
38 Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Schedule 3 Restrictions on numbers of prostitutes at
licensed brothel
39 Amendment of sch 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 3 Consequential amendment of Public Service Act 1996
40 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
41 Amendment of sch 1 (Public service offices and their heads) . . . 28
2006
A Bill
for
An Act to amend the Prostitution Act 1999, and for other
purposes
s1 6 s5
Prostitution Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Prostitution Amendment Act 4
2006. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Prostitution Act 8
1999 9
Clause 3 Act amended in pt 2 10
This part amends the Prostitution Act 1999. 11
Clause 4 Amendment of s 7 (Meaning of interest in a brothel) 12
Section 7-- 13
insert-- 14
`(3) For subsection (1)(i), (j) and (k), a prostitute does not have an 15
interest in a brothel merely because the prostitute is entitled 16
by way of remuneration to a proportion of the payments made 17
for the provision of prostitution by the prostitute at the 18
brothel.'. 19
Clause 5 Amendment of s 17 (Suitability of applicant) 20
(1) Section 17(3)-- 21
renumber as section 17(4). 22
s6 7 s7
Prostitution Amendment Bill 2006
(2) Section 17-- 1
insert-- 2
`(3) For subsection (1)(h), (i), (j) or (k), the applicant may arrange 3
for the Authority to obtain information directly from a person 4
who is or may be an associate of the applicant.'. 5
Clause 6 Amendment of s 19 (The licence) 6
(1) Section 19(4), `1 year'-- 7
omit, insert-- 8
`3 years'. 9
(2) Section 19(5)(d)-- 10
omit, insert-- 11
`(d) is subject to the following conditions or restrictions-- 12
(i) the licensee must pay, by the day prescribed under 13
a regulation, the annual licence fee and the annual 14
licence return fee prescribed under the regulation; 15
(ii) the licensee must, by the day prescribed under a 16
regulation, give the Authority an annual return, in 17
the approved form, about the information given for 18
the application for the licence; 19
(iii) any other conditions or restrictions set out in the 20
licence or prescribed under a regulation. 21
`(6) Section 14, with necessary changes, applies to an annual 22
return as if-- 23
(a) the annual return were an application for a licence; and 24
(b) the licensee were an applicant for a licence.'. 25
Clause 7 Amendment of s 23 (Renewal of licence) 26
Section 23(1) and (4), `1 month'-- 27
omit, insert-- 28
`3 months'. 29
s8 8 s 11
Prostitution Amendment Bill 2006
Clause 8 Amendment of s 25 (Automatic cancellation of licence) 1
Section 25(a)(ii), `(other than section 229M)'-- 2
omit. 3
Clause 9 Amendment of s 29 (Disciplinary powers of Authority) 4
Section 29(4), `registrar'-- 5
omit, insert-- 6
`executive director'. 7
Clause 10 Amendment of s 35 (Application for certificate) 8
(1) Section 35(2)(c)(ii)-- 9
omit. 10
(2) Section 35(2)(c)(iii) and (iv)-- 11
renumber as section 35(2)(c)(ii) and (iii). 12
Clause 11 Amendment of s 44 (The certificate) 13
(1) Section 44(3), `1 year'-- 14
omit, insert-- 15
`3 years'. 16
(2) Section 44(4)(d)-- 17
omit, insert-- 18
`(d) is subject to the following conditions or restrictions-- 19
(i) the holder of the certificate must pay, by the day 20
prescribed under a regulation, the annual certificate 21
fee and the annual return fee prescribed under the 22
regulation; 23
(ii) the holder of the certificate must, by the day 24
prescribed under a regulation, give the Authority 25
an annual return, in the approved form, about the 26
information given for the application for the 27
certificate; 28
s 12 9 s 13
Prostitution Amendment Bill 2006
(iii) any other conditions or restrictions set out in the 1
certificate or prescribed under a regulation. 2
`(5) Section 39, with necessary changes, applies to an annual 3
return as if-- 4
(a) the annual return were an application for a certificate; 5
and 6
(b) the holder of the certificate were an applicant for a 7
certificate.'. 8
Clause 12 Amendment of s 62 (Definitions for pt 4) 9
(1) Section 62, definition code assessable development 10
application-- 11
omit. 12
(2) Section 62-- 13
insert-- 14
`code assessable development application means a 15
development application to which this part applies. 16
minor change, for a development approval, see the Integrated 17
Planning Act, schedule 10.'. 18
Clause 13 Replacement of s 63 (Application of pt 4) 19
Section 63-- 20
omit, insert-- 21
`63 Application of pt 4 22
`This part applies to a development application for-- 23
(a) a material change of use of premises for a brothel, if the 24
application is required to be the subject of code 25
assessment under the Integrated Planning Act; and 26
(b) a minor change for a development approval for a brothel 27
or a request to change or cancel conditions of a 28
development approval for a brothel.'. 29
s 14 10 s 15
Prostitution Amendment Bill 2006
Clause 14 Amendment of s 64K (Appeals by applicants) 1
(1) Section 64K(1), after `section 4.1.27'-- 2
insert-- 3
`,'. 4
(2) Before section 64K(1)(a)-- 5
insert-- 6
`(aa) the assessment manager's decision that the development 7
application is required to be subject to code assessment 8
under the Integrated Planning Act; or'. 9
(3) Section 64K(1)(aa) to (e)-- 10
renumber as section 64K(1)(a) to (f). 11
Clause 15 Amendment of s 77A (Prostitute providing sexual 12
intercourse or oral sex without a prophylactic) 13
(1) Section 77A-- 14
insert-- 15
`(1A) A prostitute must not offer to provide prostitution involving 16
sexual intercourse or oral sex without a prophylactic being 17
used. 18
Maximum penalty--100 penalty units.'. 19
(2) Section 77A(2)-- 20
omit, insert-- 21
`(2) A person must not-- 22
(a) ask a prostitute to provide prostitution involving sexual 23
intercourse or oral sex without a prophylactic being 24
used; or 25
(b) accept an offer from a prostitute to provide prostitution 26
involving sexual intercourse or oral sex without a 27
prophylactic being used; or 28
(c) obtain prostitution involving sexual intercourse or oral 29
sex unless a prophylactic is used. 30
Maximum penalty--100 penalty units.'. 31
s 16 11 s 16
Prostitution Amendment Bill 2006
(3) Section 77A(4)-- 1
omit, insert-- 2
`(4) A person who is a licensee or an approved manager of a 3
licensed brothel must, for any period the licensed brothel is 4
being used to provide prostitution, take reasonable steps to 5
ensure that-- 6
(a) a person does not provide or obtain prostitution 7
involving sexual intercourse or oral sex at the licensed 8
brothel unless a prophylactic is used; or 9
(b) a person does not offer to provide, or ask a prostitute to 10
provide, prostitution involving sexual intercourse or oral 11
sex at the licensed brothel without a prophylactic being 12
used. 13
Maximum penalty--120 penalty units.'. 14
(4) Section 77A(1A) to (6)-- 15
renumber as section 77A(2) to (7). 16
Clause 16 Amendment of s 78 (Brothel offences) 17
(1) Section 78(1)(b), `10'-- 18
omit, insert-- 19
`13'. 20
(2) Section 78(1)(c)-- 21
omit. 22
(3) Section 78(1)(d) and (e)-- 23
renumber as section 78(1)(c) and (d). 24
(4) Section 78(2)-- 25
renumber as section 78(3). 26
(5) Section 78-- 27
insert-- 28
`(2) A person who is a licensee or an approved manager of a 29
licensed brothel that is, under the development permit for the 30
licensed brothel, permitted to have a total number of rooms 31
stated in schedule 3, column 1, used for providing prostitution 32
s 17 12 s 19
Prostitution Amendment Bill 2006
must not, at any 1 time, have at the licensed brothel more than 1
the number of prostitutes set out opposite in schedule 3, 2
column 2. 3
Maximum penalty--200 penalty units or 5 years 4
imprisonment.'. 5
Clause 17 Amendment of s 81 (Licensee not to operate brothel in 6
partnership or in association with unlicensed person) 7
Section 81-- 8
insert-- 9
`(3) Subsection (2) does not apply merely because a licensee is 10
operating a licensed brothel in partnership with, or otherwise 11
in association with, a corporation that receives income from 12
the licensed brothel if-- 13
(a) the licensee is the sole director of the corporation; or 14
(b) each director of the corporation is a licensee.'. 15
Clause 18 Amendment of s 87 (Display of licence) 16
Section 87(1)-- 17
omit, insert-- 18
`(1) A licensee must keep either of the following displayed in a 19
conspicuous place inside the front entrance to the licensee's 20
brothel-- 21
(a) the licensee's licence for the brothel; 22
(b) a notice stating-- 23
(i) the licensee's licence number; and 24
(ii) the address of the brothel; and 25
(iii) the date on which the licensee's licence expires. 26
Maximum penalty--100 penalty units.'. 27
Clause 19 Amendment of s 93 (Advertising prostitution) 28
(1) Section 93(1), (2) and (3), penalty-- 29
s 20 13 s 22
Prostitution Amendment Bill 2006
omit, insert-- 1
`Maximum penalty--70 penalty units.'. 2
(2) Section 93(4), definition approved form, paragraph (b)-- 3
renumber as paragraph (c). 4
(3) Section 93(4), definition approved form-- 5
insert-- 6
`(b) if guidelines under section 139A or a regulation 7
provides for the form of an advertisement, including 8
matters that may or may not be included in an 9
advertisement--a form that complies with the 10
guidelines or regulation; or'. 11
Clause 20 Replacement of pt 7, hdg (Administration) 12
Part 7, heading-- 13
omit, insert-- 14
`Part 7 Prostitution Licensing 15
Authority'. 16
Clause 21 Omission of pt 7, div 1, hdg (Prostitution Licensing 17
Authority) 18
Part 7, division 1, heading-- 19
omit. 20
Clause 22 Amendment of s 101 (Functions of Authority) 21
(1) Section 101(j)(iv)-- 22
omit, insert-- 23
`(iv) raise, in prostitutes, judicial officers, police, 24
community workers and the community, awareness 25
of issues about prostitution;'. 26
(2) Section 101-- 27
insert-- 28
s 23 14 s 24
Prostitution Amendment Bill 2006
`(l) to raise, in prostitutes, judicial officers, police, 1
community workers and the community, awareness of 2
issues about prostitution.'. 3
Clause 23 Amendment of s 102 (Membership) 4
(1) Section 102(1)(d)-- 5
omit, insert-- 6
`(d) a health practitioner who has at least 5 years' experience 7
in his or her profession;'. 8
(2) Section 102(1)(f)-- 9
omit, insert-- 10
`(f) a person who represents local government;'. 11
(3) Section 102-- 12
insert-- 13
`(5) In this section-- 14
health practitioner means-- 15
(a) a doctor; or 16
(b) a person registered under the Nursing Act 1992; or 17
(c) a person registered under the Psychologists Registration 18
Act 2001.'. 19
Clause 24 Insertion of new ss 108A-108D 20
After section 108-- 21
insert-- 22
`108A Authority is statutory body under the Financial 23
Administration and Audit Act 1977 24
`The Authority is a statutory body under the Financial 25
Administration and Audit Act 1977. 26
s 24 15 s 24
Prostitution Amendment Bill 2006
`108B Authority is statutory body under the Statutory 1
Bodies Financial Arrangements Act 1982 2
`(1) The Authority is a statutory body under the Statutory Bodies 3
Financial Arrangements Act 1982. 4
`(2) Part 2B1 of that Act sets out the way in which the Authority's 5
powers under this Act are affected by the Statutory Bodies 6
Financial Arrangements Act 1982. 7
`108C Budget 8
`(1) For each financial year, the Authority must develop, adopt and 9
give to the Minister a budget by the day the Minister directs. 10
`(2) A budget has no effect until approved by the Minister. 11
`(3) During a financial year the Authority may develop, adopt and 12
submit to the Minister amendments to its budget. 13
`(4) An amendment has no effect until approved by the Minister. 14
`108D Performance of Authority 15
`(1) The Minister has the responsibility to ensure the Authority 16
operates to best practice standards. 17
`(2) To help the Minister discharge the responsibility, the 18
Authority must report to the Minister, when and in the way 19
required by the Minister, on the efficiency, effectiveness, 20
economy and timeliness of the Authority and its systems and 21
processes, including operational processes. 22
`(3) The Authority must comply with a Ministerial request under 23
this section. 24
`(4) In the Authority's annual report for a year under the Financial 25
Administration and Audit Act 1977, the Authority must 26
include copies of all requests given to it by the Minister under 27
this section in the year.'. 28
1 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 25 16 s 26
Prostitution Amendment Bill 2006
Clause 25 Omission of ss 109 and 110 1
Sections 109 and 110-- 2
omit. 3
Clause 26 Insertion of new pt 7A, pt 7B, hdg and pt 7B, div 1, hdg 4
Before section 111-- 5
insert-- 6
`Part 7A Office of the Prostitution 7
Licensing Authority 8
`Division 1 Establishment 9
`109 Establishment of office 10
`(1) The Office of the Prostitution Licensing Authority is 11
established. 12
`(2) The office consists of the executive director and the staff of 13
the office. 14
`110 Function 15
`(1) The office's function is to help the Authority in the 16
performance of its functions. 17
`(2) Without limiting subsection (1), the office's function 18
includes-- 19
(a) helping in the development of reports, budgets and 20
policy issues by the Authority; and 21
(b) coordinating the management of the Authority's 22
functions and providing strategic advice and 23
information to the Authority, including in relation to the 24
Authority's functions; and 25
(c) establishing and maintaining effective liaison between 26
the Authority, the office, the commissioner, the Minister 27
and other entities; and 28
s 26 17 s 26
Prostitution Amendment Bill 2006
(d) developing and maintaining strategic alliances and 1
partnerships that enhance the Authority's capacity to 2
deliver sustainable services across the State; and 3
(e) developing and implementing policies, procedures, 4
performance standards, operational plans and systems to 5
ensure effective outcomes for the Authority. 6
`(3) The office may do anything necessary or convenient to be 7
done in performing its function. 8
`110A Status 9
`The office is not a statutory body for-- 10
(a) the Financial Administration and Audit Act 1977; or 11
(b) the Statutory Bodies Financial Arrangements Act 1982. 12
13
Note--
14
The office is a public service office under the Public Service Act 1996.
`Division 2 Executive Director 15
`110B Appointment of executive director 16
`(1) There is to be an executive director of the office. 17
`(2) The executive director is to be appointed by the Governor in 18
Council. 19
`(3) The executive director is appointed for the term stated in the 20
instrument of appointment and is eligible for reappointment. 21
`(4) The stated term must not be longer than 5 years. 22
`(5) The Public Service Act 1996 does not apply to the 23
appointment of the executive director. 24
`110C Terms of appointment 25
`(1) The executive director is to be paid the remuneration and 26
allowances decided by the Governor in Council. 27
`(2) The executive director holds office on terms, not provided for 28
by this Act, decided by the Governor in Council. 29
s 26 18 s 26
Prostitution Amendment Bill 2006
`110D Function of executive director 1
`(1) The executive director's function is to control the office and 2
be responsible for its efficient and effective administration and 3
operation. 4
`(2) Subsection (1) does not prevent the attachment of the office to 5
the department for the purpose of ensuring the office is 6
supplied with the administrative support services that it 7
requires to carry out its functions effectively and efficiently. 8
`110E Relationship with Authority 9
`(1) In performing the executive director's functions and 10
exercising the executive director's powers in relation to a 11
power delegated by the Authority, the executive director must 12
act independently, impartially, fairly and in the public interest. 13
`(2) However, the executive director is subject to direction by the 14
Authority. 15
`110F Delegation by executive director 16
`The executive director may delegate the executive director's 17
powers under this Act to an appropriately qualified member of 18
the office's staff. 19
`110G Resignation 20
`The executive director may resign by signed notice given to 21
the Minister. 22
`110H Ending of appointment 23
`The Governor in Council may end the appointment of the 24
executive director for any reason or without stating the reason. 25
`110I Preservation of rights 26
`(1) This section applies if a public service officer is appointed as 27
the executive director. 28
s 26 19 s 26
Prostitution Amendment Bill 2006
`(2) The person retains and is entitled to all rights that have 1
accrued to the person because of employment as a public 2
service officer, or that would accrue in the future to the person 3
because of that employment, as if service as the executive 4
director were a continuation of service as a public service 5
officer. 6
`(3) At the end of the person's term of appointment or on 7
resignation-- 8
(a) the person is entitled to be employed as a public service 9
officer at a classification level not less than the current 10
classification level of a position equivalent to the 11
position the person held before being appointed as 12
executive director; and 13
(b) the person's service as the executive director is taken to 14
be service of a like nature in the public service for 15
deciding the person's rights as a public service officer. 16
`110J Superannuation for executive director who was 17
previously a public service officer 18
`(1) This section applies if a public service officer is appointed as 19
the executive director and immediately before the 20
appointment the public service officer was a member of the 21
State Public Sector Superannuation Scheme under the 22
Superannuation (State Public Sector) Act 1990. 23
`(2) The person continues to be eligible to be, and to be, a member 24
of the scheme. 25
`110K Acting executive director 26
`The Minister may appoint a person to act as the executive 27
director-- 28
(a) during a vacancy in that office; or 29
(b) during any period, or during all periods, when the 30
executive director is absent from duty or can not, for 31
another reason, perform the functions of that office. 32
s 27 20 s 29
Prostitution Amendment Bill 2006
`Division 3 Staff of the office 1
`110L Office staff 2
`The staff of the office are to be employed under the Public 3
Service Act 1996. 4
`Part 7B Administration 5
`Division 1 Register'. 6
Clause 27 Amendment of s 111 (Licence and certificate register) 7
(1) Section 111, `registrar'-- 8
omit, insert-- 9
`executive director'. 10
(2) Section 111(2), `registrar's'-- 11
omit. 12
(3) Section 111(4)(b), `registrar's'-- 13
omit, insert-- 14
`executive director's'. 15
Clause 28 Amendment of s 132 (Evidentiary provision) 16
Section 132(5), `registrar'-- 17
omit, insert-- 18
`executive director'. 19
Clause 29 Amendment of s 133 (Disclosure of information) 20
(1) Section 133(2)(c) to (g)-- 21
renumber as section 133(2)(d) to (h). 22
(2) Section 133(2)-- 23
insert-- 24
s 30 21 s 31
Prostitution Amendment Bill 2006
`(c) to the Minister; or'. 1
(3) Section 133(3)-- 2
omit, insert-- 3
`(3) In this section-- 4
official means-- 5
(a) the Minister; or 6
(b) the commissioner; or 7
(c) a member of the Authority; or 8
(d) the independent assessor; or 9
(e) the executive director or a member of the staff of the 10
office; or 11
(f) the assessor's registrar; or 12
(g) an authorised officer of a relevant local government.'. 13
Clause 30 Amendment of s 134 (Protection from liability) 14
(1) Section 134, heading, after `Protection'-- 15
insert-- 16
`of officials'. 17
(2) Section 134(3), definition official, paragraph (e)-- 18
omit, insert-- 19
`(e) the executive director; or'. 20
Clause 31 Insertion of new s 134A 21
After section 134-- 22
insert-- 23
`134A Protection of health professionals from liability 24
`(1) This section applies if a health professional reasonably 25
believes that a prostitute at a licensed brothel is a person with 26
an intellectual impairment. 27
`(2) The health professional may give a police officer information 28
about the prostitute and the prostitute's disability. 29
s 32 22 s 32
Prostitution Amendment Bill 2006
`(3) The health professional is not liable, civilly, criminally or 1
under an administrative process, for giving the information to 2
the police officer honestly and on reasonable grounds. 3
`(4) Also, merely because the health professional gives the 4
information, the health professional can not be held to have-- 5
(a) breached any code of professional etiquette or ethics; or 6
(b) departed from accepted standards of professional 7
conduct. 8
`(5) Without limiting subsections (3) and (4)-- 9
(a) in a proceeding for defamation, the health professional 10
has a defence of absolute privilege for publishing the 11
information; and 12
(b) if the health professional would otherwise be required to 13
maintain confidentiality about the information under an 14
Act, oath or rule of law or practice, the health 15
professional-- 16
(i) does not contravene the Act, oath or rule of law or 17
practice by giving the information; and 18
(ii) is not liable to disciplinary action for giving 19
information. 20
`(6) In this section-- 21
health professional means-- 22
(a) a doctor; or 23
(b) a person registered under the Nursing Act 1992; or 24
(c) a person registered under the Psychologists Registration 25
Act 2001; or 26
(d) another person prescribed under a regulation for this 27
section. 28
person with an intellectual impairment means an 29
intellectually impaired person under the Criminal Code, 30
section 229F.'. 31
Clause 32 Amendment of s 138A (Delegation) 32
Section 138A, `registrar'-- 33
s 33 23 s 33
Prostitution Amendment Bill 2006
omit, insert-- 1
`executive director'. 2
Clause 33 Insertion of new s 139A 3
After section 139-- 4
insert-- 5
`139A Guidelines 6
`(1) The Authority may issue guidelines about the approved form 7
for advertisements for prostitution. 8
`(2) Without limiting subsection (1), a guideline may provide-- 9
(a) for the form of an advertisement for prostitution; or 10
(b) matters that may or may not be included in an 11
advertisement for prostitution. 12
`(3) A guideline may be replaced or varied by a later guideline 13
issued under this section. 14
`(4) The Authority must keep a copy of a guideline, issued under 15
this section, available for inspection and permit a person-- 16
(a) to inspect the guideline without fee; and 17
(b) to take extracts from the guideline without fee. 18
`(5) For subsection (4)-- 19
(a) a copy of the guideline must be kept at the Authority's 20
office; and 21
(b) the copy kept under paragraph (a) must be available for 22
inspection during office hours on business days for the 23
office. 24
`(6) Also, the Authority must keep a copy of a guideline, issued 25
under this section, available for supply to a person and permit 26
a person to obtain a copy of the guideline, or a part of the 27
guideline, without fee. 28
`(7) In addition, the Authority must keep a copy of a guideline, 29
issued under this section, posted on the Authority's web site 30
on the internet.'. 31
s 34 24 s 37
Prostitution Amendment Bill 2006
Clause 34 Amendment of s 140 (Regulation-making power) 1
Section 140(2)-- 2
insert-- 3
`(h) the development of processes by the Authority to deal 4
with complaints by licensees, including the principles 5
with which the processes must comply; 6
(i) advertising by individual prostitutes, including the 7
approval of the advertising by the Authority.'. 8
Clause 35 Amendment of s 141 (Review of Act) 9
Section 141(1), `this section'-- 10
omit, insert-- 11
`the Prostitution Amendment Act 2006, section 34'. 12
Clause 36 Replacement of pt 9, hdg (Transitional provision for 13
Prostitution Amendment Act 2001) 14
Part 9, heading-- 15
omit, insert-- 16
`Part 9 Transitional provisions 17
`Division 1 Transitional provision for 18
Prostitution Amendment Act 2001'. 19
Clause 37 Insertion of new pt 9, div 2 20
After section 142-- 21
insert-- 22
s 37 25 s 37
Prostitution Amendment Bill 2006
`Division 2 Transitional provisions for 1
Prostitution Amendment Act 2006 2
`143 Transitional provision for registrar and executive 3
director 4
`A reference in an Act or a document to the registrar of the 5
Authority may, if the context permits, be taken to be a 6
reference to the executive director. 7
`144 Transitional provision for licences 8
`(1) This section applies to a licence granted before the 9
commencement of this section. 10
`(2) Despite the Prostitution Amendment Act 2006, section 6, the 11
licence continues on the same conditions, and for the same 12
term, that applied to the licence immediately before the 13
commencement. 14
`145 Transitional provision for certificates 15
`(1) This section applies to a certificate granted before the 16
commencement of this section. 17
`(2) Despite the Prostitution Amendment Act 2006, section 11, the 18
certificate continues on the same conditions, and for the same 19
term, that applied to the certificate immediately before the 20
commencement. 21
`146 Transitional provision for brothel offences 22
`(1) This section applies if, before the commencement of this 23
section, a person committed an offence against section 24
78(1)(b) or (c) (the relevant provision). 25
`(2) From the commencement-- 26
(a) the relevant provision, as in force before the 27
commencement, continues to apply in relation to the 28
offence; and 29
s 38 26 s 38
Prostitution Amendment Bill 2006
(b) proceedings for the offence may be continued, or 1
started, against the person as if the Prostitution 2
Amendment Act 2006, section 16, had not commenced. 3
`147 Membership of Authority 4
`(1) This section applies to a person who, immediately before the 5
commencement of this section, was a member of the 6
Authority appointed under section 102(1)(d) or (f). 7
`(2) From the commencement, the person continues to be a 8
member of the Authority as if the Prostitution Amendment Act 9
2006, section 23 had not commenced. 10
`148 Proceedings 11
`A proceeding that could have been started or continued by or 12
against the registrar before the commencement of this section 13
may be started or continued by or against the executive 14
director. 15
`149 Transitional provision for evidentiary certificates 16
`A certificate under section 132(5) purporting to be signed by 17
the registrar before the commencement of this section is, on 18
the commencement, taken to have been signed by the 19
executive director.'. 20
Clause 38 Insertion of new sch 3 21
After schedule 2-- 22
insert-- 23
s 39 27 s 39
Prostitution Amendment Bill 2006
`Schedule 3 Restrictions on numbers of 1
prostitutes at licensed brothel 2
section 78(2) 3
Column 1 Column 2
Number of rooms permitted at Number of prostitutes at licensed
licensed brothel under brothel at any 1 time
development permit
1 2
2 3
3 4
4 6
5 8'.
Clause 39 Amendment of sch 4 (Definitions) 4
(1) Schedule 4, heading, `Definitions'-- 5
omit, insert-- 6
`Dictionary'. 7
(2) Schedule 4, definition registrar-- 8
omit. 9
(3) Schedule 4-- 10
insert-- 11
`executive director means the executive director of the office 12
appointed under section 110B. 13
minor change, for part 4, see section 62. 14
office means the Office of the Prostitution Licensing 15
Authority established under section 109.'. 16
s 40 28 s 41
Prostitution Amendment Bill 2006
Part 3 Consequential amendment of 1
Public Service Act 1996 2
Clause 40 Act amended in pt 3 3
This part amends the Public Service Act 1996. 4
Clause 41 Amendment of sch 1 (Public service offices and their 5
heads) 6
Schedule 1-- 7
insert-- 8
`8B Office of the Prostitution Executive director'.
Licensing Authority
© State of Queensland 2006
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