Prostitution Regulation 2000


Queensland Crest
Prostitution Regulation 2000
Queensland Prostitution Act 1999 Prostitution Regulation 2000 Current as at 1 July 2014 Reprint note This is the last reprint before expiry. Expired on 31 August 2014.
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland Prostitution Regulation 2000 Contents 1 2 3 4 5 5A 5B 6 6A 6B 7 8 9 9A 10 10A 11 12 13 13A 13AA 13B 14 15 Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Photographs to accompany applications . . . . . . . . . . . . . . . . . . . 4 Withdrawal to be in writing—Act, ss 12 and 37 . . . . . . . . . . . . . . 4 Conditions of licence—annual licence fee and annual licence return fee—Act, s 19(5)(d)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Conditions of licence—annual return—Act, s 19(5)(d)(ii) . . . . . . . 4 Other conditions of licence—Act, s 19(5)(d)(iii) . . . . . . . . . . . . . . 4 Conditions of certificate—approved manager’s annual certificate fee and annual return fee—Act, s 44(4)(d)(i) . . . . . . . . . . . . . . . . . . . 5 Conditions of certificate—annual return—Act, s 44(4)(d)(ii). . . . . 5 Particulars to be given to Authority after entry—Act, s 61 . . . . . . 5 Requirement for copy of declaration that premises are prohibited brothel 5 Interval for medical examination or testing . . . . . . . . . . . . . . . . . . 6 Authority to consult with licensees . . . . . . . . . . . . . . . . . . . . . . . . 6 Agencies with which Authority must liaise—Act, s 101(g) . . . . . . 6 Health professionals protected from liability—Act, s 134A . . . . . . 6 Records to be kept by licensees—Act, s 140(2)(b) . . . . . . . . . . . 7 Documents to be given to Authority—Act, s 140(2)(c) . . . . . . . . . 8 Licensee’s duty about alarm, lighting and sign. . . . . . . . . . . . . . . 8 Approved form for advertisement for prostitution . . . . . . . . . . . . . 9 Approved form for advertisement for social escort services. . . . . 10 Authority to keep and implement complaints policy . . . . . . . . . . . 11 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 IDAS Code—Act, s 140(2)(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Prostitution Regulation 2000 Contents 16 Schedule 1 Schedule 2 Schedule 3 1 2 3 4 Sexually transmissible diseases—Act, sch 4 . . . . . . . . . . . . . . . . 12 Agencies with which Authority must liaise . . . . . . . . . . . . . . . 14 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 IDAS Code for development applications mentioned in part 4 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Purpose of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 How to comply with code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 21 21 23 25 Page 2
Prostitution Regulation 2000 Prostitution Regulation 2000 [s 1] [as amended by all amendments that commenced on or before 1 July 2014] 1 Short title This regulation may be cited as the Prostitution Regulation 2000 . 2 Commencement This regulation commences on 1 July 2000. 3 Definitions In this regulation— certificate anniversary day means the date in each year that is the anniversary of the giving under section 43 of the Act of an approved manager’s certificate. licence anniversary day means the date in each year that is the anniversary of the giving under section 18 of the Act of a licensee’s licence. oral sex means the bringing into contact of any part of the sexual organs or anus of a person with any part of the mouth of another person. permitted size , of an advertisement, means the following— (a) for a business card—90mm in length and 55mm in width; (b) for an advertisement in the yellow pages—253mm in length and 215mm in width; (c) otherwise—54cm 2 . room means a room to be used for providing prostitution. sexual act means sexual intercourse, masturbation or oral sex. sexual organs means the following— Current as at 1 July 2014 Page 3
Prostitution Regulation 2000 [s 4] (a) for a female—the vagina and the mons veneris; (b) for a male—the penis, scrotum, testicles and mons pubis. 4 Photographs to accompany applications The following applications must be accompanied by a colour passport size (4.5cm x 3.5cm) photograph of the applicant— (a) an application for a licence; (b) an application for a certificate. 5 Withdrawal to be in writing—Act, ss 12 and 37 A withdrawal of an application for a licence or an application for a certificate must be in writing. 5A Conditions of licence—annual licence fee and annual licence return fee—Act, s 19(5)(d)(i) The licensee of a brothel must pay the annual licence fee and the annual licence return fee on or before the licence anniversary day. 5B Conditions of licence—annual return—Act, s 19(5)(d)(ii) The licensee of a brothel must give the Authority an annual return, in the approved form, about the information given for the application for the licence on or before the licence anniversary day. 6 Other conditions of licence—Act, s 19(5)(d)(iii) (1) It is a condition of a licence that a licensee of a brothel notifies the Authority if the licensee has used a telephone number or business name in relation to the brothel that was not used when the last annual licence fee was payable. (2) An administration fee is payable for notifying the Authority. Page 4 Current as at 1 July 2014
Prostitution Regulation 2000 [s 6A] 6A Conditions of certificate—approved manager’s annual certificate fee and annual return fee—Act, s 44(4)(d)(i) The holder of an approved manager’s certificate must pay the annual certificate fee and the annual return fee on or before the certificate anniversary day. 6B Conditions of certificate—annual return—Act, s 44(4)(d)(ii) The holder of an approved manager’s certificate must give the Authority an annual return, in the approved form, about the information given for the application for the certificate on or before the certificate anniversary day. 7 Particulars to be given to Authority after entry—Act, s 61 The following particulars in relation to the entry of a licensed brothel are prescribed— (a) the name of the licensee; (b) if an approved manager was at the brothel at the time of entry—the name of the approved manager; (c) the address of the brothel; (d) when the entry took place; (e) the purpose of the entry; (f) if possession of a thing was taken during the entry—a description of the thing; (g) the name of each police officer who entered the brothel; (h) if a police officer authorised the entry—the name of the police officer. 8 Requirement for copy of declaration that premises are prohibited brothel A copy of a declaration mentioned in section 67(1)(c) of the Act must be in the form approved by the Authority. Current as at 1 July 2014 Page 5
Prostitution Regulation 2000 [s 9] 9 Interval for medical examination or testing For sections 89(3)(a) and 90(3)(a) of the Act, the interval is 3 months. 9A Authority to consult with licensees The Authority must consult with licensees when and in the way decided by the Authority in relation to the performance of the functions of the Authority mentioned in section 101(c), (j), (k) and (l) of the Act. 10 Agencies with which Authority must liaise—Act, s 101(g) The Authority must liaise with each agency mentioned in schedule 1. 10A Health professionals protected from liability—Act, s 134A (1) For section 134A of the Act, the following persons are health professionals— (a) a social worker who is engaged in providing health services; (b) a professional counsellor who is engaged in providing health services. (2) In this section— government funded means funded fully or partly by a State or the Commonwealth. health services means services for maintaining, improving and restoring people’s health and wellbeing, including, for example— (a) hospital services; and (b) medical, pharmaceutical, paramedical or mental health services; and (c) ambulance services; and (d) community welfare services that are government funded. Page 6 Current as at 1 July 2014
Prostitution Regulation 2000 [s 11] professional counsellor means a person who is employed, either under a contract of service or a contract for services, as a counsellor. social worker means a person who is employed, either under a contract of service or a contract for services, as a social worker. 11 Records to be kept by licensees—Act, s 140(2)(b) (1) The licensee of a brothel must keep a record of the following for each period the brothel is open for business— (a) the times during which the brothel was open for business; (b) the licensee or approved manager who personally supervised the brothel during the period; (c) the times during which the licensee or approved manager personally supervised the brothel; (d) the name of each person who provided prostitution at the brothel during the period; (e) the times during which each person who provided prostitution during the period was at the brothel during the period. Maximum penalty—40 penalty units. (2) The licensee of a brothel must not— (a) remove, or allow a person to remove, a part of the record; or (b) erase or obliterate an entry in the record; or (c) allow a person to erase or obliterate an entry in the record. Maximum penalty—40 penalty units. (3) The licensee of a brothel must keep the record for 7 years after the last entry was made in the record. Maximum penalty—40 penalty units. Current as at 1 July 2014 Page 7
Prostitution Regulation 2000 [s 12] 12 Documents to be given to Authority—Act, s 140(2)(c) (1) The Authority may give a notice to the licensee or approved manager of a brothel requiring the licensee or manager to give to the Authority a stated document within a stated time. (2) The notice may only be given if the Authority believes, on reasonable grounds, that the stated document is relevant to an investigation, or an inspection, of the brothel. (3) Despite subsection (1), the notice may require a document to be given to the Authority immediately if the Authority believes, on reasonable grounds, that delay in obtaining the document may result in— (a) the destruction, removal or concealment of the document; or (b) serious prejudice to the conduct of an investigation, or an inspection, of the brothel. (4) The licensee or approved manager must comply with the notice unless the licensee or manager has a reasonable excuse. Maximum penalty for subsection (4)—40 penalty units. 13 Licensee’s duty about alarm, lighting and sign A licensee of a brothel must ensure— (a) each room in the brothel has a concealed alarm button, or equivalent communication device, that is in working order; and (b) each room in the brothel has enough lighting to enable prostitutes to check for clearly visible signs of sexually transmissible disease; and (c) a sign is prominently displayed in the brothel’s reception area stating ‘only safe sexual activities are practised on these premises’. Maximum penalty—40 penalty units. Page 8 Current as at 1 July 2014
Prostitution Regulation 2000 [s 13A] 13A Approved form for advertisement for prostitution (1) The purpose of this section is to provide for matters to be included in an advertisement for prostitution for section 92 of the Act, definition approved form , paragraph (b). (2) An advertisement for prostitution must comply with the following— (a) the total surface area of the advertisement, other than an advertisement on the internet or an advertisement inside premises used for prostitution that can not be viewed by a person outside the premises, must be the permitted size or smaller; (b) if the advertisement is an advertisement for a licensed brothel, the advertisement must state the business name of the licensed brothel; (c) the advertisement must not— (i) contain a photograph or image of— (A) the sexual organs or anus of a person; or (B) a sexual act or a simulated sexual act; or (C) a child; or (D) an animal; or (ii) if the advertisement is an advertisement for a licensed brothel—contain a telephone number that has not been notified to the Authority; or (iii) if the advertisement is an advertisement for an individual prostitute—imply that more than 1 prostitute may be available; or (iv) advertise any other thing without the written consent of the advertiser of the thing; or (v) if the advertisement is an advertisement on the internet—permit access to, or link the advertisement with, any other website other than the website of the Authority, the Queensland Adult Business Association, the yellow pages or a Current as at 1 July 2014 Page 9
Prostitution Regulation 2000 [s 13AA] website that is also an advertisement for prostitution; (d) the advertisement must not be a sticker. 13AA Approved form for advertisement for social escort services (1) The purpose of this section is to provide for matters to be included in an advertisement for social escort services for section 92 of the Act, definition approved form , paragraph (b). (2) An advertisement for social escort services must comply with the following— (a) the total surface area of the advertisement, other than an advertisement on the internet, must be the permitted size or smaller; (b) the advertisement must not— (i) contain a photograph or image of— (A) the sexual organs or anus of a person; or (B) a sexual act or a simulated sexual act; or (C) a child; or (D) an animal; or (ii) advertise any other thing without the written consent of the advertiser of the thing; or (iii) if the advertisement is an advertisement on the internet—permit access to, or link the advertisement with— (A) a website that is an advertisement for prostitution; or (B) a website that contains an advertisement for prostitution; (c) the advertisement must not be a sticker. (3) However, a person does not contravene subsection (2)(b)(iii)(B) if the access is to, or link is with, a webpage of Page 10 Current as at 1 July 2014
Prostitution Regulation 2000 [s 13B] the website and the webpage does not contain an advertisement for prostitution. Example for subsection (3) A social escort service’s advertisement on the internet may link the advertisement with the social escort service’s advertisement on the yellow pages website. However, a social escort service’s advertisement on the internet must not link the advertisement with an advertisement on the yellow pages website for a licensed brothel. 13B Authority to keep and implement complaints policy (1) The Authority must keep and implement a complaints policy. (2) The policy must— (a) provide information about how a person may make a complaint about the Authority; and (b) provide for an assessment of the nature of a complaint and a decision on how it should be dealt with and by whom; and (c) enable a vexatious or trivial complaint to be identified and dealt with by the Authority; and (d) ensure a complaint is dealt with fairly and objectively; and (e) provide for a prompt response to complaints; and (f) ensure grievances about the Authority may be pursued without fear of recrimination from the Authority; and (g) ensure that a person who makes a complaint is provided with relevant and timely feedback on the outcome of the complaint; and (h) provide for a person who makes a complaint to be advised that the person may complain to a relevant complaints agency if the person is not satisfied with the outcome of the complaint; and (i) ensure the number and nature of complaints made is recorded, complaint trends are identified and the time taken to resolve complaints is monitored. Current as at 1 July 2014 Page 11
Prostitution Regulation 2000 [s 14] (3) The Authority must— (a) publish the complaints policy on its website; and (b) make the policy available for inspection at its office during office hours on business days for the office; and (c) permit a person to— (i) inspect the policy without fee; and (ii) take extracts from the policy without fee. (4) In this section— complaints agency includes the following— (a) the ombudsman under the Ombudsman Act 2001 ; (b) the Crime and Corruption Commission; (c) the Anti-Discrimination Commissioner under the Anti-Discrimination Act 1991 . complaints policy means a policy outlining the procedures and principles the Authority will use to deal with complaints about the Authority. 14 Fees The fees payable under the Act are prescribed in schedule 2. 15 IDAS Code—Act, s 140(2)(f) The code for IDAS for development applications mentioned in part 4 of the Act is in schedule 3. 16 Sexually transmissible diseases—Act, sch 4 The following diseases or conditions are prescribed for schedule 4 of the Act, definition sexually transmissible disease hepatitis A—acute hepatitis B—acute or chronic (until non-infective) hepatitis C—acute Page 12 Current as at 1 July 2014
pubic lice scabies trichomoniasis. Prostitution Regulation 2000 [s 16] Current as at 1 July 2014 Page 13
Prostitution Regulation 2000 Schedule 1 Schedule 1 Agencies with which Authority must liaise section 10 Crime and Corruption Commission Department in which the Community Services Act 2007 is administered Department in which the Criminal Code Act 1899 is administered Department in which the Further Education and Training Act 2014 is administered Department in which the Health Act 1937 is administered Department in which the Local Government Act 1993 is administered Editor’s note Local Government Act 1993 —see the Local Government Act 2009 , section 282. Department in which the Planning Act is administered Department in which the Work Health and Safety Act 2011 is administered Local Government Association of Queensland Office of Fair Trading Office of Liquor, Gaming and Racing Office of Women’s Policy Page 14 Current as at 1 July 2014
Schedule 2 Fees Prostitution Regulation 2000 Schedule 2 section 14 $ Licences 1 Application fee under section 10(2)(b) of the Act. . . . . 6706.00 2 Licence fee under section 10(2)(b) of the Act. . . . . . . . 8736.00 plus $3494.00 for each room in the brothel 3 Annual licence fee under section 19(5)(d)(i) of the Act the amount under item 2 4 Annual licence return fee under section 19(5)(d)(i) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4266.00 5 Renewal fee under section 23(2)(b) of the Act . . . . . . . the total of the amounts under items 1 and 2 6 Annual licence fee under section 33(5) of the Act . . . . the amount under item 2 7 Replacement licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.00 Certificates 8 Application fee under section 35(2)(b) of the Act. . . . . 925.00 9 Certificate fee under section 35(2)(b) of the Act. . . . . . 47.00 10 Annual certificate fee under section 44(4)(d)(i) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the amount under item 9 11 Annual return fee under section 44(4)(d)(i) of the Act . 681.00 12 Variation fee under section 46(2)(b) of the Act. . . . . . . 67.00 13 Renewal fee under section 49(2)(b) of the Act . . . . . . . the total of the amounts under items 8 and 9 14 Replacement certificate . . . . . . . . . . . . . . . . . . . . . . . . . 19.00 Current as at 1 July 2014 Page 15
Prostitution Regulation 2000 Schedule 2 $ Other fees 15 Fee for giving particulars of a change under section 20(2) or 45(2) of the Act . . . . . . . . . . . . . . . . . . . . . . . . 67.00 16 Fee for inspection of register under section 111(2)(b) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nil 17 Fee for copy of entry in register under section 111(2)(b) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27.00 plus $0.55 for each page 18 Administration fee under section 6(2). . . . . . . . . . . . . . 67.00 Page 16 Current as at 1 July 2014
Schedule 3 Prostitution Regulation 2000 Schedule 3 IDAS Code for development applications mentioned in part 4 of the Act section 15 1 Code This code applies for the assessment of a development application under the Planning Act for the making of a material change of the use of premises for a licensed brothel. 2 Definitions In this code— infrastructure see the Planning Act, schedule 3. planning instrument see the Planning Act, schedule 3. 3 Purpose of code The purpose of this code is to seek to ensure— (a) a licensed brothel is compatible with the form, function and amenity of the locality in which it is located; and (b) the safety and security of staff of a licensed brothel. 4 How to comply with code (1) The code is complied with if each performance criterion in column 1 of the table is complied with for the brothel. (2) A performance criterion is complied with if— (a) the acceptable solution to the performance criterion set out in column 2 opposite the criterion is complied with; or (b) the criterion is complied with in another way. Current as at 1 July 2014 Page 17
Prostitution Regulation 2000 Schedule 3 Column 1 Performance criterion Table Column 2 An acceptable solution Car parking for clients 1 Adequate car parking is provided, or available, for brothel clients. Provide 1 car parking space on the brothel premises for each room in the brothel. Car parking for staff 2 Adequate secure car parking is provided, or available, for brothel staff. Provide 1 car parking space on the brothel premises, that is well lit and directly accessible to an entrance to the brothel, for each 2 brothel staff members at the brothel at any 1 time. Vehicular access 3 The brothel is safely accessed by vehicular traffic. Locate vehicular ingress and egress to allow— (a) vehicles to enter and exit the premises in forward gear; and (b) if the brothel shares road access, parking areas or pedestrian areas with land used for other purposes—parking, vehicle manoeuvring and pedestrian movement for the brothel to be undertaken without adversely affecting the safety of traffic using the land. Page 18 Current as at 1 July 2014
Prostitution Regulation 2000 Schedule 3 Column 1 Performance criterion Column 2 An acceptable solution Lighting 4 External lighting for the brothel is designed to ensure the safety and security of brothel staff and clients without adversely affecting the amenity of adjoining premises. Provide external lighting for the brothel that— (a) is static; and (b) has no characteristic indicating the premises are used for a brothel; and (c) facilitates surveillance; and (d) is hooded and directed downwards. Sign 5 Sign for the brothel is compatible with the amenity of the locality. Comply with each of the following requirements— (a) only 1 sign is displayed for the brothel; (b) the surface area of the sign is not more than 1m 2 ; (c) the sign displays only the name of the licensee and the registered business name of the brothel; (d) the sign does not display words or images that are sexually explicit, lewd or otherwise offensive; (e) the sign is affixed to the brothel. Loitering 6 The design of the brothel discourages loitering outside the premises. Provide a reception or waiting area at the brothel for use by brothel clients. Current as at 1 July 2014 Page 19
Prostitution Regulation 2000 Schedule 3 Column 1 Performance criterion Column 2 An acceptable solution Appearance 7 The brothel premises are Ensure the colours and materials unobtrusive in appearance. for the brothel premises are unobtrusive. Entrances—security 8 The staff and clients of the brothel are provided with a secure environment within the brothel premises in the vicinity of each staff or client entrance to the brothel. Locate the staff and client entrances to the brothel in positions that facilitate surveillance. Entrance—clients 9 The clients’ entrance to the brothel is clearly identified. Ensure the entrance to the brothel makes it clear to clients which premises to enter. Brothel siting and design 10 The brothel premises are sited and designed in a way that is compatible with the character or intended character of the locality. Comply with the requirements about the character of the locality under a planning instrument, including boundary set-back, building height and bulk, and landscaping. Infrastructure 11 The brothel premises are Comply with the requirements adequately serviced by for infrastructure under a infrastructure. planning instrument applying to the locality, including the requirements to connect to sewerage and water. Page 20 Current as at 1 July 2014
Endnotes Prostitution Regulation 2000 Endnotes 1 Index to endnotes Page 2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 2 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory Current as at 1 July 2014 Page 21
Prostitution Regulation 2000 Endnotes requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A Amendments to none 2002 SL No. 67 Effective 1 July 2000 19 April 2002 Reprint date 7 July 2000 26 April 2002 Reprint No. 1B 1C 1D 1E 1F 1G 2 2A 2B 2C 2D 2E 2F 2G 2H 3 3A 3B 3C Amendments included 2003 SL No. 133 2003 Act No. 63 2004 SL No. 163 2005 SL No. 190 2006 SL No. 250 2007 SL No. 178 2007 SL No. 192 2008 SL No. 418 2009 SL No. 229 2009 Act No. 24 2009 SL No. 297 2009 SL No. 280 2010 SL No. 179 2010 Act No. 45 2011 SL No. 17 2011 SL No. 201 2011 Act No. 18 2012 SL No. 131 Effective 1 July 2003 1 January 2004 1 September 2004 12 August 2005 13 October 2006 27 July 2007 12 August 2007 1 January 2009 23 October 2009 1 December 2009 11 December 2009 18 December 2009 1 August 2010 5 November 2010 14 March 2011 14 March 2011 14 October 2011 1 January 2012 17 August 2012 Notes R2H withdrawn, see R3 Current as at 1 July 2013 1 July 2014 Amendments included 2013 SL No. 125 2014 Act No. 21 2014 SL No. 97 2014 SL No. 103 2014 SL No. 128 Notes Page 22 Current as at 1 July 2014
Prostitution Regulation 2000 Endnotes 4 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Prostitution Regulation 2000 SL No. 176 made by the Governor in Council on 29 June 2000 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) exp 31 August 2014 (see SIA s 56A(2) and SIR s 3(2) sch 2 pt 2) Notes—(1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) A regulatory impact statement and explanatory note were prepared. amending legislation— Prostitution Amendment Regulation (No. 1) 2002 SL No. 67 notfd gaz 19 April 2002 pp 1477–8 commenced on date of notification Prostitution Amendment Regulation (No. 1) 2003 SL No. 133 notfd gaz 27 June 2003 pp 749–56 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) Training Reform Act 2003 No. 63 ss 1, 2(2), 60 sch date of assent 13 October 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2004 (2003 SL No. 293) Prostitution Amendment Regulation (No. 1) 2004 SL No. 163 notfd gaz 20 August 2004 pp 1238–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2004 (see s 2) Prostitution Amendment Regulation (No. 1) 2005 SL No. 190 notfd gaz 12 August 2005 pp 1297–1303 commenced on date of notification Prostitution Amendment Regulation (No. 1) 2006 SL No. 250 notfd gaz 13 October 2006 pp 692–3 commenced on date of notification Current as at 1 July 2014 Page 23
Prostitution Regulation 2000 Endnotes Police Legislation Amendment Regulation (No. 1) 2007 SL No. 178 pts 1–2 notfd gaz 27 July 2007 pp 1645–6 commenced on date of notification Prostitution Amendment Regulation (No. 1) 2007 SL No. 192 notfd gaz 10 August 2007 pp 1901–2 ss 1–2 commenced on date of notification remaining provisions commenced 12 August 2007 (see s 2) Note—A regulatory impact statement and explanatory note were prepared. Liquor and Other Legislation Amendment Regulation (No. 1) 2008 SL No. 418 pts 1, 6 notfd gaz 12 December 2008 pp 2044–53 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2009 (see s 2) Note—A regulatory impact statement and explanatory note were prepared. Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 10 pt 3 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Police Legislation Amendment Regulation (No. 1) 2009 SL No. 229 pts 1–2 notfd gaz 23 October 2009 pp 594–5 commenced on date of notification Sustainable Planning Regulation 2009 SL No. 280 ss 1–2, pt 9 div 18 notfd gaz 27 November 2009 pp 1001–6 ss 1–2 commenced on date of notification remaining provisions commenced 18 December 2009 (see s 2) Prostitution Amendment Regulation (No. 1) 2009 SL No. 297 notfd gaz 11 December 2009 pp 1187–91 commenced on date of notification Police Legislation Amendment Regulation (No. 1) 2010 SL No. 179 pts 1–2 notfd gaz 16 July 2010 pp 1142–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 August 2010 (see s 2) Police Legislation Amendment Act 2010 No. 45 pts 1, 5 date of assent 5 November 2010 commenced on date of assent Prostitution Amendment Regulation (No. 1) 2011 SL No. 17 notfd gaz 11 March 2011 pp 409–10 ss 1–2 commenced on date of notification remaining provisions commenced 14 March 2011 (see s 2) Page 24 Current as at 1 July 2014
Prostitution Regulation 2000 Endnotes Work Health and Safety Act 2011 No. 18 ss 1–2, 404 sch 4 pt 2 div 1 date of assent 6 June 2011 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2012 (2011 SL No. 238) Prostitution Amendment Regulation (No. 2) 2011 SL No. 201 notfd gaz 14 October 2011 pp 318–20 commenced on date of notification Police Legislation Amendment Regulation (No. 1) 2012 SL No. 131 s 1, pt 2 notfd gaz 17 August 2012 pp 1026–7 commenced on date of notification Police Legislation Amendment Regulation (No. 1) 2013 SL No. 125 pts 1–2 notfd gaz 28 June 2013 pp 739–47 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 (see s 2) Crime and Misconduct and Other Legislation Amendment Act 2014 No. 21 ss 1, 2(2), 94(2) sch 2 date of assent 21 May 2014 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2014 (2014 SL No. 107) Disability Services and Other Legislation Amendment Regulation (No. 1) 2014 SL No. 97 pts 1, 4 notfd <www.legislation.qld.gov.au> 13 June 2014 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2014 (see s 2) Further Education and Training Regulation 2014 SL No. 103 pts 1, 11 notfd <www.legislation.qld.gov.au> 20 June 2014 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2014 (see s 2) Justice Legislation (Fees) Amendment and Repeal Regulation (No. 1) 2014 SL No. 128 ss 1–2(1), 3 sch notfd <www.legislation.qld.gov.au> 27 June 2014 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2014 (see s 2(1)) 5 List of annotations Definitions prov hdg sub 2007 SL No. 192 s 4(1) s 3 def certificate anniversary day ins 2007 SL No. 192 s 4(2) amd 2010 Act No. 45 s 39(1) def licence anniversary day ins 2007 SL No. 192 s 4(2) amd 2010 Act No. 45 s 39(2) def oral sex ins 2011 SL No. 17 s 4 Current as at 1 July 2014 Page 25
Prostitution Regulation 2000 Endnotes def permitted size ins 2011 SL No. 17 s 4 def sexual act ins 2011 SL No. 17 s 4 def sexual organ ins 2011 SL No. 17 s 4 Conditions of licence—annual licence fee and annual licence return fee—Act, s 19(5)(d)(i) s 5A ins 2007 SL No. 192 s 5 amd 2010 Act No. 45 s 40 Conditions of licence—annual return—Act, s 19(5)(d)(ii) s 5B ins 2007 SL No. 192 s 5 amd 2010 Act No. 45 s 41 Other conditions of licence—Act, s 19(5)(d)(iii) s 6 prov hdg sub 2007 SL No. 192 s 6 Conditions of certificate—approved manager’s annual certificate fee and annual return fee—Act, s 44(4)(d)(i) s 6A ins 2007 SL No. 192 s 7 amd 2010 Act No. 45 s 42 Conditions of certificate—annual return—Act, s 44(4)(d)(ii) s 6B ins 2007 SL No. 192 s 7 amd 2010 Act No. 45 s 43 Interval for medical examination or testing s 9 amd 2007 SL No. 192 s 8 Authority to consult with licensees s 9A ins 2007 SL No. 192 s 9 Agencies with which Authority must liaise—Act, s 101(g) prov hdg amd 2007 SL No. 192 s 10(1) s 10 amd 2007 SL No. 192 s 10(2) Health professionals protected from liability—Act, s 134A s 10A ins 2007 SL No. 192 s 11 Approved form for advertisement for prostitution s 13A ins 2007 SL No. 192 s 12 amd 2011 SL No. 17 s 5 Approved form for advertisement for social escort services s 13AA ins 2011 SL No. 17 s 6 Authority to keep and implement complaints policy s 13B ins 2007 SL No. 192 s 12 amd 2014 Act No. 21 s 94(2) sch 2 Fees s 14 amd 2012 SL No. 131 s 3 Sexually transmissible diseases—Act, sch 4 s 16 ins 2009 SL No. 297 s 3 amd 2011 SL No. 201 s 3 Page 26 Current as at 1 July 2014
Prostitution Regulation 2000 Endnotes SCHEDULE 1—AGENCIES WITH WHICH AUTHORITY MUST LIAISE sch hdg amd 2007 SL No. 192 s 13(1) sch 1 amd 2002 SL No. 67 s 3; 2003 Act No. 63 s 60 sch; 2007 SL No. 192 s 13(2); 2008 SL No. 418 s 46; 2009 SL No. 280 s 116; 2011 Act No. 18 s 404 sch 4 pt 2 div 1; 2014 Act No. 21 s 94(2) sch 2; 2014 SL No. 97 s 26; 2014 SL No. 103 s 26 SCHEDULE 2—FEES amd 2002 SL No. 67 s 4 sub 2003 SL No. 133 s 4; 2004 SL No. 163 s 4; 2005 SL No. 190 s 3; 2006 SL No. 250 s 3; 2007 SL No. 178 s 3; 2007 SL No. 192 s 14; 2009 SL No. 229 s3 amd 2009 Act No. 24 s 1616 sub 2010 SL No. 179 s 4; 2011 SL No. 201 s 4; 2012 SL No. 131 s 4; 2013 SL No. 125 s 4; 2014 SL No. 128 s 3 sch SCHEDULE 3—IDAS CODE FOR DEVELOPMENT MENTIONED IN PART 4 OF THE ACT Code s 1 amd 2009 SL No. 280 s 117(1)–(2) APPLICATIONS Definitions s 2 def infrastructure sub 2009 SL No. 280 s 117(3) def planning instrument sub 2009 SL No. 280 s 117(3) How to comply with code s 4 amd 2009 SL No. 297 s 4; 2009 SL No. 280 s 117(2) © State of Queensland 2014 Authorised by the Parliamentary Counsel Current as at 1 July 2014 Page 27