Liquor (Approval of Adult Entertainment Code) Regulation 2024
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Liquor (Approval of Adult Entertainment Code) Regulation 2024
Liquor (Approval of Adult Entertainment Code) Regulation 2024
1 Short title
This regulation may be cited as the
Liquor (Approval of Adult Entertainment Code) Regulation 2024 .
2 Approval 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 .
3 Repeal
The
Liquor (Approval of Adult Entertainment Code) Regulation 2002 , SL No. 229 is repealed.
Schedule 1
Provisions of approved code
section 2 (2)
Adult Entertainment Code
(Section 103N
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 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.
5
Genitalia
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.
6
Masturbation
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).
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 ,
Liquor Act 1992
and
Liquor Regulation 2002 .
13 To 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 entertainment
14 The 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 .
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