Liquor (Approval of Adult Entertainment Code) Regulation 20241Short titleThis regulation may be cited as the Liquor (Approval of Adult Entertainment Code) Regulation 2024.2Approval of adult entertainment code(1)For section 103N(5) of the Act, the code entitled ‘Adult Entertainment Code’ made by the commissioner on 19 August 2024 is approved.(2)The provisions of the approved code are set out in the schedule. Editor’s note—Schedule 1, item 5 states that the term ‘genitalia’ is not defined in the Criminal Code. However, see the inclusive definition in the Criminal Code, section 1.3RepealThe Liquor (Approval of Adult Entertainment Code) Regulation 2002, SL No. 229 is repealed.Schedule 1Provisions of approved codesection 2(2)Adult Entertainment Code(Section 103N Liquor Act 1992)Interpretation1Adult entertainer, this is the person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.2Adult entertainment does not include the performance of sexual intercourse, masturbation, or oral sex.3Adult entertainment permit means an adult entertainment permit granted under the Liquor Act 1992 and in force.4Code, this is the Code for adult entertainment referred to in section 103N 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.Editor’s note—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.5Genitalia is not defined in the Liquor Act 1992, 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.6Masturbation is not defined in the Liquor Act 1992, 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).7Object includes an animal.8Oral 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.9Penis includes a surgically constructed penis.10Sexual 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.

11Vagina includes the external genitalia, and a surgically constructed vagina.Code’s relationship with Acts12This Code is to be read and construed with the Criminal Code, Liquor Act 1992 and Liquor Regulation 2002.13To the state of any inconsistency between this Code and the Liquor Act 1992 or Liquor Regulation 2002, or Criminal Code, those enactments shall prevail over the Adult Entertainment Code.The prescribed behaviour for adult entertainment14The prescribed behaviour for the purposes of section 103N 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;

•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 commercial sexual services.Editor’s note—In this section: commercial sexual services has the meaning as prescribed under section 4 of the Liquor Act 1992.