Act No. 22 of 2018. Introduced by /u/DirtySaiyan. Assented to 2018-12-03.
2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Pleasurable Services Bill 2018
A Bill for an Act to regulate and legalise prostitution and the running
of brothels and sex work service providers, and for related purposes.
Contents
Part 1—Preliminary 3
1 Short title 3
2 Commencement 3
3 Objects 3
4 Definitions 3
Part 2—Offences Connected with Sex Work 3
5 Causing or inducing a child to take part in sex work 4
6 Obtaining payment for sexual services provided by a child 4
7 Agreement for provision of sexual services by a child 4
8 Forcing person into or to remain in sex work 4
9 Allowing a child to take part in sex work 4
10 Street sex work—offences by clients 4
11 Street sex work—offences by sex workers 5
12 Exceptions to street sex work offences 5
13 Offensive behaviour towards sex workers 5
14 Permitting sex worker infected with a disease to work in etc. 5
15 Sex workers and clients must adopt safer sex practices 6
Part 3—Advertising 6
16 Controls on advertising by sex work service providers 6
Part 4—Licensing System 6
Division 1—Requirement to be licensed 6
17 Sex work service providers to be licensed 6
Division 2—The Authority and the Director
18 Functions of the Authority 6
19 Functions of the Director 7
Part 4—Miscellaneous 7
20 The Pleasurable Services fund 7
21 Advisory Committee 7
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The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the Pleasurable Services Bill 2018.
2 Commencement
This Act commences on the day which it receives the Royal Assent.
3 Objects
The objects of this Act are to regulate and legalise the sex industry nationally:
(a) To seek to ensure that brothels can now operate nationally;
(b) To maximise the protection of sex workers and their clients from health risks;
(c) To maximise the protection of sex workers from violence and exploitation;
(d) To ensure that brothels are accessible to inspectors, law enforcement officers, health
workers and other
social service providers
(e) To promote the welfare and occupational health and safety of sex workers.
4 Definitions
In this Act, unless the contrary intention appears:
brothel means any premises made available for the purpose of sex work by a person carrying
on the business of offering or providing sex work services at the business's premises
escort agency means a business of offering or providing, or facilitating the offer or provision of,
sex work services to persons at premises not made available by the agency;
sex work the provision by one person to or for another person (whether or not of a different
sex) of sexual services in return for payment or reward;
eans a person under the age of 18 years;
child m
Part 2—Offences Connected with Sex Work
5 Causing or inducing a child to take part in sex work
(1) A person must not cause or induce a child to take part in an act of sex work, whether as
the sex worker or as the client or in any other capacity or to continue to take part in such
acts.
Penalty: See Criminal Code Act 1995
(2) An offence against subsection (1) is an indictable offence.
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6 Obtaining payment for sexual services provided by a child
(1) A person must not receive a payment (except in the ordinary course of a business
unrelated to sex work) knowing that it or any part of it has been derived, directly or
indirectly, from sexual services provided by a child.
Penalty: See Criminal Code Act 1995
(2) An offence against subsection (1) is an indictable offence.
7 Agreement for provision of sexual services by a child
(1) A person must not enter into or offer to enter into an agreement under which a child is to
provide sexual services to or for that person or another person in return for payment or in
exchange for drugs of dependence.
Penalty: See Criminal Code Act 1995
(2) An offence against subsection (1) is an indictable offence
8 Forcing person into or to remain in sex work
(1) A person must not with intent to induce another person aged 18 years or more to
engage or continue to engage in sex work-
(a) assault or threaten to assault that other person or any other person; or
(b) intimidate that other person or any other person; or
(c) supply or offer to supply a drug of dependence to that other person or any other
person; or
(d) make a false representation or use any false pretence or other fraudulent means
Penalty: See Criminal Code Act 1995
(2) An offence against subsection (1) is an indictable offence.
9 Allowing a child to take part in sex work
(1) A person who owns or occupies any premises or who manages or assists in the
management of any premises must not allow a child to enter or remain on the premises
for the purpose of taking part in an act of sex work, whether as the sex worker or as the
client or in any other capacity
Penalty: See Criminal Code Act 1995
(2) An offence against subsection (1) is an indictable offence.
10 Street sex work—offences by clients
(1) Subject to section 12, a person must not for the purpose of, or with the intention of,
inviting or soliciting any person to offer sex work services himself or herself with him or
her or another person or of being accosted by or on behalf of a sex worker, intentionally
or recklessly loiter in or
near—
(a) a place of worship; or
(b) a hospital; or
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(c) a school, education and care service premises or children's services centre; or
(d) a public place regularly frequented by children and in which children are present
at the time of the loitering.
Penalty: For a first offence—$150 fine or 50 hours of community service;
For a second offence—$200 fine or 100 hours of community service;
For a subsequent offence—$300 fine or 150 hours of community service.
11 Street sex work—offences by sex workers
(1) Subject to section 12, a person must not for the purpose of sex work intentionally or
recklessly solicit or accost any person or loiter in or near—
(a) a place of worship; or
(b) a hospital; or
(c) a school, education and care service premises or children's services centre; or
(d) a public place regularly frequented by children and in which children are present
at the time of the soliciting, accosting or loitering.
Penalty: For a first offence—$150 fine or 50 hours of community service;
For a second offence—$200 fine or 100 hours of community service;
For a subsequent offence—$300 fine or 150 hours of community service.
12 Exceptions to street sex work offences
(1) An act done in a brothel or in any premises on which an escort agency carries on
business which, but for this subsection, would constitute an offence against section 10 or
11 does not constitute an offence against that section if the act is not visible to a person
in a public place outside the brothel or those premises.
13 Offensive behaviour towards sex workers
(1) A person must not in or near a public place with the intention of intimidating, insulting or
harassing a sex worker—
(a) behave in an indecent, offensive or insulting manner; or
(b) use threatening, abusive or insulting words.
Penalty: Is for the business or agency to determine
14 Permitting sex worker infected with a disease to work in a brothel etc.
(1) A person, brothel or sex work service provided must not permit a sex worker to work
(whether under a contract of service or a contract for services) in a brothel or for the
escort agency or other business during any period in which he or she knows that the sex
worker is infected with a sexually transmitted disease.
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Penalty: $5,000 fine and suspension of trading
15 Sex workers and clients must adopt safer sex practices
(1) A person must not provide or receive sex work services unless he or she has taken all
reasonable steps to ensure a condom or other appropriate barrier is used if that sex
work involves vaginal, anal, or oral penetration or another activity with a similar or
greater risk of acquiring or transmitting sexually transmitted diseases.
Penalty: $5,000 fine and suspension of trading
Part 3—Advertising
16 Controls on advertising by sex work service providers
(1) A person or business must not publish or cause to be published an advertisement for
sex work services that
(a) a child can access within reason
(2) A person or business can advertise for sex work services to be broadcast or televised at
reasonable hours.
(3) A person or business can publish or cause to be published a statement which is
intended or likely to induce a person to seek employment—
(a) as a sex worker; or
(b) in a brothel or with an escort agency or any other business that provides sex
work services if the employment will involve, to any extent, the employee
engaging in sex work.
Part 4—Licensing System
Division 1—Requirement to be licensed
17 Sex work service providers to be licensed
(1) A person must not knowingly or recklessly carry on business as a sex work service
provider—
(a) without holding a licence; or
(b) in breach of any condition of a licence.
(2) A person must not carry on business as a sex work service provider—
(a) without holding a licence; or
(b) in breach of any condition of a licence; or
(c) when a licence is suspended.
Penalty: Suspended from operating
(3) An offence against subsection (1) or (2) is an indictable offence
Division 2—The Authority and the Director
18 Functions of Authority
(1) The functions of the Authority under this Act are—
(a) to determine licence applications;
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(b) to determine manager approval applications;
19 Functions of Director
(1) The functions of the Director under this Act are—
(a) to monitor compliance with and investigate and prosecute alleged breaches of
this Act;
(b) Liaise with Federal Police, State and Territory Police when breaches occur.
Part 5—Miscellaneous
20 The Pleasurable Services fund
(1) There shall be kept in the Trust Fund under the Financial Management and
Accountability Act 1997, a trust account to be called the Purveyors of Pleasures of the
Flesh fund.
(2) Into the Fund must be paid—
(a) all fees paid under this Act;
(b) all fines or penalties paid in respect of an offence against this Act;
(c) all other money received by the Authority under this Act;
(d) all other money required under this Act to be paid into the Fund.
21 Advisory Committee
(1) There shall be appointed an Advisory Committee consisting of persons appointed by the
Governor General on the recommendations of the Minister.
(2) The functions of the Advisory Committee are to advise the Minister on—
(a) issues related to the regulation and control of the sex work industry in Australia;
(b) the general operation of the sex work industry in Australia;
(c) assistance for organisations involved in helping sex workers to leave the industry
(d) the development of educational programmes about the sex work industry for
magistrates, police and community workers;
(3) The members of the Advisory Committee shall include—
(a) persons with knowledge of the sex work industry in Australia
(b) persons with knowledge of the health implications of unsafe sex
(c) persons with knowledge of urban planning and zoning
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Explanatory memorandum:
This bill provides sex workers and business owners the opportunity to fully contribute to society
and to no longer be ashamed of their profession. By regulating the industry the Government can
provide safeguards for owners and workers nationally.
Second reading speech:
Mr Speaker,
I rise to speak in support of this bill. Prostitution in modern Australia is a serious problem. The
stigma attached to sex workers and business owners has deeply affected these individuals both
financially and mentally. Although, through campaigning the attitudes towards these individuals
are changing and for the better. Furthermore, by regulating the sex industry for the betterment
of both working conditions and businesses this could provide the Australian Government with
ample tax revenue ($350 million estimates) to be spent on much-needed services. This
government has once again shown its leadership and experience with governing our nation, by
ensuring all workers, business owners contribute their fair share to our nation.
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