Sex Work (Fees) Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 5 Definitions 2 PART 2—FEES 3 6 Licence application fees 3 7 Licence fees 4 8 Licence amendment fees 11 9 Annual licence fees 12 10 Extension of time and late payment fees 19 11 Fee for application for approval of manager 20 12 Fee for application to act as approved manager 21 13 Inspection fees 21 PART 3—TRANSITIONAL PROVISION 22 14 Old approval fee payable before 1 July 2014 22 ═══════════════ ENDNOTES 23 -- 1 of 24 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 72/2014 Sex Work Act 1994 Sex Work (Fees) Regulations 2014 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 24 June 2014 Responsible Minister: HEIDI VICTORIA Minister for Consumer Affairs YVETTE CARISBROOKE Clerk of the Executive Council PART 1—PRELIMINARY 1 Objective The objective of these Regulations is to prescribe fees to be paid under the Sex Work Act 1994. 2 Authorising provisions These Regulations are made under sections 68 and 90 of the Sex Work Act 1994. 3 Commencement These Regulations come into operation on 1 July 2014. 4 Revocation The Sex Work (Fees) Regulations 20041 are revoked. -- 2 of 24 -- Part 1—Preliminary Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 2 Authorised by the Chief Parliamentary Counsel 5 Definitions In these Regulations— business name has the same meaning as in the Business Names Registration Act 2011 of the Commonwealth; the Act means the Sex Work Act 1994. __________________ r. 5 -- 3 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 3 Authorised by the Chief Parliamentary Counsel PART 2—FEES 6 Licence application fees (1) For the purposes of section 33(2)(d)(i) of the Act, the prescribed application fee for a licence to carry on business as a sex work service provider of the kind referred to in the definition of brothel in section 3 of the Act is— (a) in the case of an application lodged on or after 1 July 2014 and before 1 July 2015, 380·78 fee units; or (b) in the case of an application lodged on or after 1 July 2015 and before 1 July 2016, 419·43 fee units; or (c) in the case of an application lodged on or after 1 July 2016, 458·08 fee units. (2) For the purposes of section 33(2)(d)(i) of the Act, the prescribed application fee for a licence to carry on business as a sex work service provider of the kind referred to in the definition of escort agency in section 3 of the Act is— (a) in the case of an application lodged on or after 1 July 2014 and before 1 July 2015, 190·39 fee units; or (b) in the case of an application lodged on or after 1 July 2015 and before 1 July 2016, 209·72 fee units; or (c) in the case of an application lodged on or after 1 July 2016, 229·04 fee units. r. 6 -- 4 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 4 Authorised by the Chief Parliamentary Counsel (3) For the purposes of section 33(2)(d)(i) of the Act, the prescribed application fee for a licence to carry on business as a sex work service provider of the kinds referred to in the definitions of brothel and escort agency in section 3 of the Act is— (a) in the case of an application lodged on or after 1 July 2014 and before 1 July 2015, 380·78 fee units; or (b) in the case of an application lodged on or after 1 July 2015 and before 1 July 2016, 419·43 fee units; or (c) in the case of an application lodged on or after 1 July 2016, 458·08 fee units. 7 Licence fees (1) For the purposes of section 33(2)(d)(ia) of the Act, the prescribed licence fee for a licence to carry on business as a sex work service provider of the kind referred to in the definition of brothel in section 3 of the Act is— (a) in the case of an application for a licence lodged on or after 1 July 2014 and before 1 July 2015— (i) 217·59 fee units; and (ii) if more than one room in the brothel is to be used or is used for sex work— (A) if one person is granted a licence in relation to the brothel, 40·80 fee units for each additional room; or (B) if more than one person is granted a licence in relation to the brothel, 40·80 fee units for each additional room, divided by the number of r. 7 -- 5 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 5 Authorised by the Chief Parliamentary Counsel licences granted in relation to the brothel; and (iii) if more than one business name is to be used or is used in carrying on the business— (A) if one person is granted a licence in relation to the brothel, 40·80 fee units for each additional business name; or (B) if more than one person is granted a licence in relation to the brothel, 40·80 fee units for each additional business name, divided by the number of licences granted in relation to the brothel; or (b) in the case of an application for a licence lodged on or after 1 July 2015 and before 1 July 2016— (i) 239·67 fee units; and (ii) if more than one room in the brothel is to be used or is used for sex work— (A) if one person is granted a licence in relation to the brothel, 44·94 fee units for each additional room; or (B) if more than one person is granted a licence in relation to the brothel, 44·94 fee units for each additional room, divided by the number of licences granted in relation to the brothel; and (iii) if more than one business name is to be used or is used in carrying on the business— r. 7 -- 6 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 6 Authorised by the Chief Parliamentary Counsel (A) if one person is granted a licence in relation to the brothel, 44·94 fee units for each additional business name; or (B) if more than one person is granted a licence in relation to the brothel, 44·94 fee units for each additional business name, divided by the number of licences granted in relation to the brothel; or (c) in the case of an application for a licence lodged on or after 1 July 2016— (i) 261·76 fee units; and (ii) if more than one room in the brothel is to be used or is used for sex work— (A) if one person is granted a licence in relation to the brothel, 49·08 fee units for each additional room; or (B) if more than one person is granted a licence in relation to the brothel, 49·08 fee units for each additional room, divided by the number of licences granted in relation to the brothel; and (iii) if more than one business name is to be used or is used in carrying on the business— (A) if one person is granted a licence in relation to the brothel, 49·08 fee units for each additional business name; or r. 7 -- 7 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 7 Authorised by the Chief Parliamentary Counsel (B) if more than one person is granted a licence in relation to the brothel, 49·08 fee units for each additional business name, divided by the number of licences granted in relation to the brothel. (2) For the purposes of section 33(2)(d)(ia) of the Act, the prescribed licence fee for a licence to carry on business as a sex work service provider of the kind referred to in the definition of escort agency in section 3 of the Act is— (a) in the case of an application for a licence lodged on or after 1 July 2014 and before 1 July 2015— (i) 217·59 fee units; and (ii) if more than one business name is to be used or is used in carrying on the business— (A) if one person is granted a licence in relation to the escort agency, 40·80 fee units for each additional business name; or (B) if more than one person is granted a licence in relation to the escort agency, 40·80 fee units for each additional business name, divided by the number of licences granted in relation to the escort agency; or (b) in the case of an application for a licence lodged on or after 1 July 2015 and before 1 July 2016— (i) 239·67 fee units; and r. 7 -- 8 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 8 Authorised by the Chief Parliamentary Counsel (ii) if more than one business name is to be used or is used in carrying on the business— (A) if one person is granted a licence in relation to the escort agency, 44·94 fee units for each additional business name; or (B) if more than one person is granted a licence in relation to the escort agency, 44·94 fee units for each additional business name, divided by the number of licences granted in relation to the escort agency; or (c) in the case of an application for a licence lodged on or after 1 July 2016— (i) 261·76 fee units; and (ii) if more than one business name is to be used or is used in carrying on the business— (A) if one person is granted a licence in relation to the escort agency, 49·08 fee units for each additional business name; or (B) if more than one person is granted a licence in relation to the escort agency, 49·08 fee units for each additional business name, divided by the number of licences granted in relation to the escort agency. (3) For the purposes of section 33(2)(d)(ia) of the Act, the prescribed licence fee for a licence to carry on business as a sex work service provider of the kinds referred to in the definitions of brothel and escort agency in section 3 of the Act is— r. 7 -- 9 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 9 Authorised by the Chief Parliamentary Counsel (a) in the case of an application for a licence lodged on or after 1 July 2014 and before 1 July 2015— (i) 217·59 fee units; and (ii) if more than one room in the brothel is to be used or is used for sex work— (A) if one person is granted a licence in relation to the brothel and escort agency, 40·80 fee units for each additional room; or (B) if more than one person is granted a licence in relation to the brothel and escort agency, 40·80 fee units for each additional room, divided by the number of licences granted in relation to the brothel and escort agency; and (iii) if more than one business name is to be used or is used in carrying on the business— (A) if one person is granted a licence in relation to the brothel and escort agency, 40·80 fee units for each additional business name; or (B) if more than one person is granted a licence in relation to the brothel and escort agency, 40·80 fee units for each additional business name, divided by the number of licences granted in relation to the brothel and escort agency; or (b) in the case of an application for a licence lodged on or after 1 July 2015 and before 1 July 2016— r. 7 -- 10 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 10 Authorised by the Chief Parliamentary Counsel (i) 239·67 fee units; and (ii) if more than one room in the brothel is to be used or is used for sex work— (A) if one person is granted a licence in relation to the brothel and escort agency, 44·94 fee units for each additional room; or (B) if more than one person is granted a licence in relation to the brothel and escort agency, 44·94 fee units for each additional room, divided by the number of licences granted in relation to the brothel and escort agency; and (iii) if more than one business name is to be used or is used in carrying on the business— (A) if one person is granted a licence in relation to the brothel and escort agency, 44·94 fee units for each additional business name; or (B) if more than one person is granted a licence in relation to the brothel and escort agency, 44·94 fee units for each additional business name, divided by the number of licences granted in relation to the brothel and escort agency; or (c) in the case of an application for a licence lodged on or after 1 July 2016— (i) 261·76 fee units; and r. 7 -- 11 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 11 Authorised by the Chief Parliamentary Counsel (ii) if more than one room in the brothel is to be used or is used for sex work— (A) if one person is granted a licence in relation to the brothel and escort agency, 49·08 fee units for each additional room; or (B) if more than one person is granted a licence in relation to the brothel and escort agency, 49·08 fee units for each additional room, divided by the number of licences granted in relation to the brothel and escort agency; and (iii) if more than one business name is to be used or is used in carrying on the business— (A) if one person is granted a licence in relation to the brothel and escort agency, 49·08 fee units for each additional business name; or (B) if more than one person is granted a licence in relation to the brothel and escort agency, 49·08 fee units for each additional business name, divided by the number of licences granted in relation to the brothel and escort agency. 8 Licence amendment fees (1) For the purposes of section 40(3) of the Act, the prescribed fee for an application to amend a licence is— (a) in the case of an application lodged on or after 1 July 2014 and before 1 July 2015, 38·21 fee units; or r. 8 -- 12 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 12 Authorised by the Chief Parliamentary Counsel (b) in the case of an application lodged on or after 1 July 2015 and before 1 July 2016, 76·42 fee units; or (c) in the case of an application lodged on or after 1 July 2016, 114·63 fee units. 9 Annual licence fees (1) For the purposes of section 46A(1) of the Act, the prescribed annual licence fee for a licence to carry on business as a sex work service provider of the kind referred to in the definition of brothel in section 3 of the Act is— (a) on and after 1 July 2014 and before 1 July 2015— (i) 217·59 fee units; and (ii) if more than one room in the brothel is to be used or is used for sex work— (A) if one person has been granted a licence in relation to the brothel, 40·80 fee units for each additional room; or (B) if more than one person has been granted a licence in relation to the brothel, 40·80 fee units for each additional room, divided by the number of licences granted in relation to the brothel; and (iii) if more than one business name is to be used or is used in carrying on the business— (A) if one person has been granted a licence in relation to the brothel, 40·80 fee units for each additional business name; or r. 9 -- 13 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 13 Authorised by the Chief Parliamentary Counsel (B) if more than one person has been granted a licence in relation to the brothel, 40·80 fee units for each additional business name, divided by the number of licences granted in relation to the brothel; or (b) on and after 1 July 2015 and before 1 July 2016— (i) 239·67 fee units; and (ii) if more than one room in the brothel is to be used or is used for sex work— (A) if one person has been granted a licence in relation to the brothel, 44·94 fee units for each additional room; or (B) if more than one person has been granted a licence in relation to the brothel, 44·94 fee units for each additional room, divided by the number of licences granted in relation to the brothel; and (iii) if more than one business name is to be used or is used in carrying on the business— (A) if one person has been granted a licence in relation to the brothel, 44·94 fee units for each additional business name; or (B) if more than one person has been granted a licence in relation to the brothel, 44·94 fee units for each additional business name, divided by the number of licences granted in relation to the brothel; or r. 9 -- 14 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 14 Authorised by the Chief Parliamentary Counsel (c) on and after 1 July 2016— (i) 261·76 fee units; and (ii) if more than one room in the brothel is to be used or is used for sex work— (A) if one person has been granted a licence in relation to the brothel, 49·08 fee units for each additional room; or (B) if more than one person has been granted a licence in relation to the brothel, 49·08 fee units for each additional room, divided by the number of licences granted in relation to the brothel; and (iii) if more than one business name is to be used or is used in carrying on the business— (A) if one person has been granted a licence in relation to the brothel, 49·08 fee units for each additional business name; or (B) if more than one person has been granted a licence in relation to the brothel, 49·08 fee units for each additional business name, divided by the number of licences granted in relation to the brothel. (2) For the purposes of section 46A(1) of the Act, the prescribed annual licence fee for a licence to carry on business as a sex work service provider of the kind referred to in the definition of escort agency in section 3 of the Act is— (a) on and after 1 July 2014 and before 1 July 2015— r. 9 -- 15 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 15 Authorised by the Chief Parliamentary Counsel (i) 217·59 fee units; and (ii) if more than one business name is to be used or is used in carrying on the business— (A) if one person has been granted a licence in relation to the escort agency, 40·80 fee units for each additional business name; or (B) if more than one person has been granted a licence in relation to the escort agency, 40·80 fee units for each additional business name, divided by the number of licences granted in relation to the escort agency; or (b) on and after 1 July 2015 and before 1 July 2016— (i) 239·67 fee units; and (ii) if more than one business name is to be used or is used in carrying on the business— (A) if one person has been granted a licence in relation to the escort agency, 44·94 fee units for each additional business name; or (B) if more than one person has been granted a licence in relation to the escort agency, 44·94 fee units for each additional business name, divided by the number of licences granted in relation to the escort agency; or r. 9 -- 16 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 16 Authorised by the Chief Parliamentary Counsel (c) on and after 1 July 2016— (i) 261·76 fee units; and (ii) if more than one business name is to be used or is used in carrying on the business— (A) if one person has been granted a licence in relation to the escort agency, 49·08 fee units for each additional business name; or (B) if more than one person has been granted a licence in relation to the escort agency, 49·08 fee units for each additional business name, divided by the number of licences granted in relation to the escort agency. (3) For the purposes of section 46A(1) of the Act, the prescribed annual licence fee for a licence to carry on business as a sex work service provider of the kinds referred to in the definitions of brothel and escort agency in section 3 of the Act is— (a) on and after 1 July 2014 and before 1 July 2015— (i) 217·59 fee units; and (ii) if more than one room in the brothel is to be used or is used for sex work— (A) if one person has been granted a licence in relation to the brothel and escort agency, 40·80 fee units for each additional room; or (B) if more than one person has been granted a licence in relation to the brothel and escort agency, 40·80 fee units for each additional room, divided by the number of licences r. 9 -- 17 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 17 Authorised by the Chief Parliamentary Counsel granted in relation to the brothel and escort agency; and (iii) if more than one business name is to be used or is used in carrying on the business— (A) if one person has been granted a licence in relation to the brothel and escort agency, 40·80 fee units for each additional business name; or (B) if more than one person has been granted a licence in relation to the brothel and escort agency, 40·80 fee units for each additional business name, divided by the number of licences granted in relation to the brothel and escort agency; or (b) on and after 1 July 2015 and before 1 July 2016— (i) 239·67 fee units; and (ii) if more than one room in the brothel is to be used or is used for sex work— (A) if one person has been granted a licence in relation to the brothel and escort agency, 44·94 fee units for each additional room; or (B) if more than one person has been granted a licence in relation to the brothel and escort agency, 44·94 fee units for each additional room, divided by the number of licences granted in relation to the brothel and escort agency; and r. 9 -- 18 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 18 Authorised by the Chief Parliamentary Counsel (iii) if more than one business name is to be used or is used in carrying on the business— (A) if one person has been granted a licence in relation to the brothel and escort agency, 44·94 fee units for each additional business name; or (B) if more than one person has been granted a licence in relation to the brothel and escort agency, 44·94 fee units for each additional business name, divided by the number of licences granted in relation to the brothel and escort agency; or (c) on and after 1 July 2016— (i) 261·76 fee units; and (ii) if more than one room in the brothel is to be used or is used for sex work— (A) if one person has been granted a licence in relation to the brothel and escort agency, 49·08 fee units for each additional room; or (B) if more than one person has been granted a licence in relation to the brothel and escort agency, 49·08 fee units for each additional room, divided by the number of licences granted in relation to the brothel and escort agency; and (iii) if more than one business name is to be used or is used in carrying on the business— r. 9 -- 19 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 19 Authorised by the Chief Parliamentary Counsel (A) if one person has been granted a licence in relation to the brothel and escort agency, 49·08 fee units for each additional business name; or (B) if more than one person has been granted a licence in relation to the brothel and escort agency, 49·08 fee units for each additional business name, divided by the number of licences granted in relation to the brothel and escort agency. 10 Extension of time and late payment fees (1) For the purposes of section 46B(1) of the Act, the required fee for an application for an extension of time is— (a) in the case of an application lodged on or after 1 July 2014 and before 1 July 2015, 16·32 fee units; or (b) in the case of an application lodged on or after 1 July 2015 and before 1 July 2016, 17·97 fee units; or (c) in the case of an application lodged on or after 1 July 2016, 19·63 fee units. (2) For the purposes of section 46B(1) of the Act, the required fee for an application for a further extension of time is— (a) in the case of an application lodged on or after 1 July 2014 and before 1 July 2015, 16·32 fee units; and (b) in the case of an application lodged on or after 1 July 2015 and before 1 July 2016, 17·97 fee units; and r. 10 -- 20 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 20 Authorised by the Chief Parliamentary Counsel (c) in the case of an application lodged on or after 1 July 2016, 19·63 fee units. (3) For the purposes of section 46C(1) of the Act, the required late payment fee is— (a) in the case of an application lodged on or after 1 July 2014 and before 1 July 2015, 32·64 fee units; and (b) in the case of an application lodged on or after 1 July 2015 and before 1 July 2016, 35·96 fee units; and (c) in the case of an application lodged on or after 1 July 2016, 39·27 fee units. (4) For the purposes of section 46C(1) of the Act, the required late lodgement fee is— (a) in the case of an application lodged on or after 1 July 2014 and before 1 July 2015, 32·64 fee units; or (b) in the case of an application lodged on or after 1 July 2015 and before 1 July 2016, 35·96 fee units; or (c) in the case of an application lodged on or after 1 July 2016, 39·27 fee units. 11 Fee for application for approval of manager For the purposes of section 50(2) of the Act, the prescribed application fee is— (a) in the case of an application lodged on or after 1 July 2014 and before 1 July 2015, 28·29 fee units; or (b) in the case of an application lodged on or after 1 July 2015 and before 1 July 2016, 31·17 fee units; or (c) in the case of an application lodged on or after 1 July 2016, 34·04 fee units. r. 11 -- 21 of 24 -- Part 2—Fees Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 21 Authorised by the Chief Parliamentary Counsel 12 Fee for application to act as approved manager For the purposes of section 53A(2)(d) of the Act, the prescribed application fee is— (a) in the case of an application lodged on or after 1 July 2014 and before 1 July 2015, 2·91 fee units; or (b) in the case of an application lodged on or after 1 July 2015 and before 1 July 2016, 5·81 fee units; or (c) in the case of an application lodged on or after 1 July 2016, 8·72 fee units. 13 Inspection fees For the purposes of section 55(2)(b) of the Act, the prescribed fee is— (a) in the case of an application lodged on or after 1 July 2014 and before 1 July 2015, $11.80; or (b) in the case of an application lodged on or after 1 July 2015 and before 1 July 2016, 1·77 fee units; or (c) in the case of an application lodged on or after 1 July 2016, 2·66 fee units. __________________ r. 12 -- 22 of 24 -- Part 3—Transitional Provision Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 22 Authorised by the Chief Parliamentary Counsel PART 3—TRANSITIONAL PROVISION 14 Old approval fee payable before 1 July 2014 (1) This regulation applies to an application under section 50(1) of the Act for the renewal of an approval if— (a) the approval expires before 1 January 2015; and (b) the fee for the application is paid on or after 1 July 2014. (2) Despite the commencement of these Regulations, if this regulation applies, the prescribed fee for the purposes of section 50(2) of the Act is the fee that would have been payable in respect of the application under regulation 8 of the Sex Work (Fees) Regulations 2004 as in force immediately before that commencement. ═══════════════ r. 14 -- 23 of 24 -- Sex Work (Fees) Regulations 2014 S.R. No. 72/2014 23 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 129/2004. Reprint No. 1 as at 1 December 2010. Reprinted to S.R. No. 97/2010. —— Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2014 is $13.24. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 24 of 24 --