Liquor (Approval of Adult Entertainment Code) Regulation 2000

Queensland Liquor Act 1992 LIQUOR (APPROVAL OF ADULT ENTERTAINMENT CODE) REGULATION 2000 Reprinted as in force on 3 July 2000 (regulation not amended up to this date) Reprint No. 1 * This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy * Minor differences in style between this reprint and another reprint with the same number are due to the conversion to another software program. The content has not changed.

Information about this reprint This regulation is reprinted as at 3 July 2000. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to— • use standard punctuation consistent with current drafting practice (s 27) • use aspects of format and printing style consistent with current drafting practice (s 35). See endnotes for information about when provisions commenced.

Queensland LIQUOR (APPROVAL OF ADULT ENTERTAINMENT CODE) REGULATION 2000 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Approval of adult entertainment code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ATTACHMENT . . . . . . . . . . . . . . . . . . . . . . . 4 APPROVED CODE ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

s1 3 s3 Liquor (Approval of Adult Entertainment Code) Regulation 2000 LIQUOR (APPROVAL OF ADULT ENTERTAINMENT CODE) REGULATION 2000 [reprinted as in force on 3 July 2000] 1 Short title This regulation may be cited as the Liquor (Approval of Adult Entertainment Code) Regulation 2000 . 2 Commencement This regulation commences on 1 July 2000. 3 Approval of adult entertainment code (1) For section 103E(5) of the Act, the code titled ‘Adult Entertainment Code’ and made by the chief executive and the commissioner is approved. 1 (2) A copy of the code is set out in the attachment. 1 A copy of the code is available at departmental offices throughout the State.

4 Liquor (Approval of Adult Entertainment Code) Regulation 2000 ATTACHMENT APPROVED CODE section 3 ADULT ENTERTAINMENT CODE (Section 103E Liquor Act 1992 ) Interpretation 1. “Adult entertainer” , this is the person performing an act of an explicit sexual nature (adult entertainment), as live entertainment that may be performed for an audience, on licensed premises or premises to which a general purpose permit or restricted club permit relates under an adult entertainment permit. 2. “Adult entertainment” does not include the performance of sexual intercourse, masturbation, or oral sex. 3. “Adult entertainment permit” means an adult entertainment permit granted under the Liquor Act 1992 and in force. 4. “Code” , this is the "Code" for adult entertainment referred to in section 103E of the Liquor Act 1992. This Code prescribes the live entertainment that may be performed for an audience, by a person performing an act of an explicit sexual nature (adult entertainment), on licensed premises or premises to which a general purpose permit or restricted club permit relates under an adult entertainment permit. 2 5. “Genitalia” is not defined in the Liquor Act 1992, Prostitution Act 1999 or Criminal Code therefore it is presumed to have its ordinary meaning. For the purpose of this Code, it includes the penis, scrotum, testicles and vagina. 2 Any entertainment of an explicit sexual nature that is performed at licensed premises without an adult entertainment permit may be subject to prosecution, if the entertainment is of such a nature as to constitute a criminal offence.

5 Liquor (Approval of Adult Entertainment Code) Regulation 2000 ATTACHMENT (continued) 6. “Masturbation” is not defined in the Liquor Act 1992, Prostitution Act 1999 or Criminal Code therefore it is presumed to have its ordinary meaning. Sexual stimulation not involving intercourse; sexual self-gratification; onanism ((1997) The Macquarie Dictionary, 3rd ed, The Macquarie Library Pty Ltd, NSW, Australia). 7. “Object” includes an animal. 8. “Oral sex” means the bringing into contact of any part of the genitalia or anus of a person with any part of the mouth of another person. 9. “Penis” includes a surgically constructed penis. 10. “Sexual intercourse” includes either or both of the following activities— a) the penetration, to any extent, of the vagina, vulva or anus of a person by any part of the body of another person; b) the penetration, to any extent, of the vagina, vulva or anus of a person, carried out by another person using an object. 11. “Vagina” includes the external genitalia, and a surgically constructed vagina. Code’s relationship with Acts 12. This Code is to be read and construed with the Criminal Code, Prostitution Act 1999 , Prostitution Regulation 2000 , Liquor Act 1992 and Liquor Regulation 1992 . 13. To the state of any inconsistency between this Code and the Liquor Act 1992 or Liquor Regulation 1992, Prostitution Act 1999 or Prostitution Regulation 2000 or Criminal Code, those enactments shall prevail over the Adult Entertainment Code. The prescribed behaviour for adult entertainment 14. The prescribed behaviour for the purposes of section 103E of the Liquor Act 1992 is an act of an explicit sexual nature but does not include an adult entertainer: • participating in sexual intercourse, masturbation or oral sex;

6 Liquor (Approval of Adult Entertainment Code) Regulation 2000 ATTACHMENT (continued) • touching the genitalia or anus of another person; • allowing another person to touch the adult entertainer’s genitalia or anus; • allowing penetration, to any extent, of the vagina, vulva or anus, either by any part of the body or by an object; • placing his or her face in the close proximity of the genitalia or anus of another person; • allowing an audience member to put his or her face in the close proximity of the genitalia or anus of the adult entertainer; • soliciting any person for the purposes of prostitution. _________________________ J P O’Sullivan Commissioner Queensland Police Service 27/3/2000 _________________________ D Williams Chief Executive Department of Tourism and Racing 3/4/2000

7 Liquor (Approval of Adult Entertainment Code) Regulation 2000 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Liquor (Approval of Adult Entertainment Code) Regulation 2000 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered

8 Liquor (Approval of Adult Entertainment Code) Regulation 2000 4 List of legislation Liquor (Approval of Adult Entertainment Code) Regulation 2000 SL No. 73 made by the Governor in Council on 20 April 2000 notfd gaz 20 April 2000 pp 1533–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) exp 1 September 2010 (see SIA s 54) © State of Queensland 2002