SEX INDUSTRY ACT 2019

NORTHERN TERRITORY OF AUSTRALIA SEX INDUSTRY ACT 2019 As in force at 25 May 2024 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Objects of Act .................................................................................. 1 4 Definitions ........................................................................................ 2 5 Application of Criminal Code ........................................................... 3 6 Relationship with Public and Environmental Health Act 2011.......... 3 Part 2 Sex work generally 7 Contract for sex work not void ......................................................... 3 8 Adoption and promotion of safe sex practices ................................. 3 9 Refusal to perform sex work ............................................................ 3 Part 3 Offences 10 Inducing person to perform sex work ............................................... 4 11 Inducing person to provide payment from sex work ........................ 4 12 Causing or allowing child to perform sex work or work in sex services business ............................................................................ 5 13 Receiving payment from sex work by child ...................................... 5 14 Agreeing to sex work by child .......................................................... 6 15 Non-compliant advertising ............................................................... 6 16 Medical examinations ...................................................................... 7 Part 4 Suitability certificates 17 Body corporate may appoint nominee ............................................. 7 18 Requirement to hold suitability certificate ........................................ 8 19 Application for suitability certificate .................................................. 8 20 Duration of suitability certificate ....................................................... 8 21 Revocation of suitability certificate................................................... 8 22 Use of information collected under Part ........................................... 9 Part 5 Miscellaneous matters 22A Director ............................................................................................ 9 22B Delegation ..................................................................................... 10 23 Review by NTCAT ......................................................................... 10 24 Regulations.................................................................................... 10 -- 1 of 19 -- Sex Industry Act 2019 ii 25 Establishment of Review Committee ............................................. 10 26 Review of Act................................................................................. 11 Part 6 Repeal and transitional matters 27 Acts repealed................................................................................. 12 28 Destruction of certain records created under Prostitution Regulation Act 1992 ...................................................................... 12 Part 7 Transitional matters for Justice and Licensing Legislation Further Amendment Act 2022 29 Definitions ...................................................................................... 12 30 Delegations.................................................................................... 13 31 Pending applications ..................................................................... 13 32 Pending reviews ............................................................................ 13 33 Reviews not yet commenced ......................................................... 13 34 Continuation of ongoing documents and actions ........................... 14 Schedule Reviewable decisions and affected persons ENDNOTES -- 2 of 19 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 25 May 2024 ____________________ SEX INDUSTRY ACT 2019 An Act to provide for a regulatory framework for the sex industry Part 1 Preliminary matters 1 Short title This Act may be cited as the Sex Industry Act 2019. 2 Commencement This Act commences on the day fixed by the Administrator by Gazette notice. 3 Objects of Act The objects of this Act are: (a) to decriminalise sex work and legalise contracts in relation to sex work; and (b) to enhance sex worker, client and public health and safety through: (i) applying the Public and Environmental Health Act 2011 to operators of sex services businesses; and (ii) allowing sex workers to work together and employ support staff; and (iii) providing a mechanism to ensure the suitability of operators of sex services businesses; and (c) to prohibit exploitation of sex workers and enshrining the right of sex workers to refuse to perform sex work; and (d) to prohibit the use of children for and in sex work; and (e) to enable the sex industry to operate in accordance with the laws of the Territory and the Commonwealth as they apply to -- 3 of 19 -- Part 1 Preliminary matters Sex Industry Act 2019 2 all individuals and businesses generally, including laws governing employment, occupational health and safety, workers compensation and rehabilitation, planning, taxation and discrimination. 4 Definitions In this Act: affected person, see section 23(2). child means a person under 18 years old. dangerous drug, see section 3(1) of the Misuse of Drugs Act 1990. Director means the person holding or occupying the office of Director mentioned in section 22A. executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate. operator, of a sex services business, means a person who owns or operates the business. personal information, see section 4A of the Information Act 2002. Review Committee means the Review Committee established under section 24A. reviewable decision, see section 23(1). sex services business means a business that provides for or arranges sex work. sex work means the provision by a person of services that involve the person participating in sexual activity with another person in return for payment or reward. sex worker means a person who performs sex work. suitability certificate means a suitability certificate issued under section 19. Note for section 4 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. -- 4 of 19 -- Part 2 Sex work generally Sex Industry Act 2019 3 5 Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 5 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. 6 Relationship with Public and Environmental Health Act 2011 (1) Sex work is taken to be a declared activity as defined in section 4 of the Public and Environmental Health Act 2011. (2) However: (a) sex services businesses are exempt from registration under the Public and Environmental Health Act 2011; and (b) a police officer may not exercise powers or perform functions as an authorised officer under the Public and Environmental Health Act 2011 in relation to sex work. Part 2 Sex work generally 7 Contract for sex work not void No contract for or to arrange sex work is illegal or void on public policy or similar grounds. 8 Adoption and promotion of safe sex practices Operators and sex workers must take all reasonable steps to adopt and promote safe sex practices. 9 Refusal to perform sex work (1) Despite anything in a contract for sex work, a person may, at any time, refuse to perform or continue to perform sex work. (2) The fact that a person has entered into a contract for sex work does not of itself constitute consent for the purposes of the criminal law if the person does not consent, or withdraws the person's consent, to performing sex work. (3) However, nothing in this section affects any right to rescind or cancel, or to recover damages for, a contract for sex work that is not performed. -- 5 of 19 -- Part 3 Offences Sex Industry Act 2019 4 Part 3 Offences 10 Inducing person to perform sex work A person (the defendant) commits an offence if: (a) the defendant intentionally engages in any of the following conduct: (i) intimidating, assaulting or threatening to assault any person; (ii) supplying or offering to supply a dangerous drug to any person; (iii) making a false representation or otherwise acting fraudulently; (iv) damaging or threatening to damage the property of any person; and (b) the conduct results in the person or any other person performing or continuing to perform sex work and the defendant is reckless in relation to the result. Maximum penalty: Imprisonment for 5 years. 11 Inducing person to provide payment from sex work A person (the defendant) commits an offence if: (a) the defendant intentionally engages in any of the following conduct: (i) intimidating, assaulting or threatening to assault any person; (ii) supplying or offering to supply a dangerous drug to any person; (iii) making a false representation or otherwise acting fraudulently; (iv) damaging or threatening to damage the property of any person; and (b) the conduct results in the person or any other person providing or continuing to provide payment to the defendant and the defendant is reckless in relation to the result; and -- 6 of 19 -- Part 3 Offences Sex Industry Act 2019 5 (c) the payment is derived directly or indirectly from sex work and the defendant is reckless in relation to that circumstance. Maximum penalty: Imprisonment for 5 years. 12 Causing or allowing child to perform sex work or work in sex services business (1) A person (the defendant) commits an offence if: (a) the defendant intentionally engages in conduct; and (b) the conduct results in another person performing sex work, or working for or in a sex services business, and the defendant is reckless in relation to the result; and (c) the other person is under 14 years old. Maximum penalty: Imprisonment for 14 years. (2) A person (the defendant) commits an offence if: (a) the defendant intentionally engages in conduct; and (b) the conduct results in another person performing sex work, or working for or in a sex services business, and the defendant is reckless in relation to the result; and (c) the other person is a child who is at least 14 years old. Maximum penalty: Imprisonment for 7 years. (3) Strict liability applies to subsections (1)(c) and (2)(c). 13 Receiving payment from sex work by child (1) A person (the defendant) commits an offence if: (a) the defendant intentionally receives a payment; and (b) the payment is derived directly or indirectly from sex work performed by another person and the defendant is reckless in relation to that circumstance; and (c) the other person is under 14 years old. Maximum penalty: Imprisonment for 14 years. (2) A person (the defendant) commits an offence if: (a) the defendant intentionally receives a payment; and -- 7 of 19 -- Part 3 Offences Sex Industry Act 2019 6 (b) the payment is derived directly or indirectly from sex work performed by another person and the defendant is reckless in relation to that circumstance; and (c) the other person is a child who is at least 14 years old. Maximum penalty: Imprisonment for 7 years. (3) Strict liability applies to subsections (1)(c) and (2)(c). 14 Agreeing to sex work by child (1) A person (the defendant) commits an offence if: (a) the defendant intentionally offers, or accepts an offer, to enter into an agreement; and (b) another person is to perform sex work, or work for or in a sex services business, under the agreement and the defendant is reckless in relation to that circumstance; and (c) the other person is under 14 years old. Maximum penalty: Imprisonment for 14 years. (2) A person (the defendant) commits an offence if: (a) the defendant intentionally offers, or accepts an offer, to enter into an agreement; and (b) another person is to perform sex work, or work for or in a sex services business, under the agreement and the defendant is reckless in relation to that circumstance; and (c) the other person is a child who is at least 14 years old. Maximum penalty: Imprisonment for 7 years. (3) Strict liability applies to subsections (1)(c) and (2)(c). 15 Non-compliant advertising (1) A person commits an offence if the person places an advertisement for sex work in a newspaper or on television or radio, other than in accordance with the regulations. Maximum penalty: 20 penalty units. -- 8 of 19 -- Part 4 Suitability certificates Sex Industry Act 2019 7 (2) A person commits an offence if the person publishes an advertisement that is likely to induce a person to seek employment as a sex worker. Maximum penalty: 20 penalty units. (3) An offence against subsection (1) or (2) is an offence of strict liability. (4) For subsection (2), an advertisement is likely to induce a person to seek employment as a sex worker if the advertisement invites a person to work in, or obtain work through, a sex services business unless the advertisement clearly indicates that the work to which it relates does not involve sex work. 16 Medical examinations (1) A person (the defendant) commits an offence if: (a) the defendant states or implies that the defendant or another person has undergone a medical examination; and (b) as a result of the statement or implication, the person to whom the statement or implication was made: (i) is induced to believe that the defendant or other person is not infected with a sexually transmissible infection or blood borne virus; and (ii) enters into a contract for sex work with the defendant or other person; and (c) the defendant is reckless in relation to the result referred to in paragraph (b). Maximum penalty: 20 penalty units. (2) Strict liability applies to subsection (1)(a). Part 4 Suitability certificates 17 Body corporate may appoint nominee If an operator of a sex services business is a body corporate, the operator may nominate one or more individuals with day-to-day control of the business to be a nominee of the operator. -- 9 of 19 -- Part 4 Suitability certificates Sex Industry Act 2019 8 18 Requirement to hold suitability certificate (1) If a sex services business engages 3 or more sex workers, each operator of the business must hold a suitability certificate. (2) If an operator of a sex services business is a body corporate, each executive officer and any nominee of the operator must also hold a suitability certificate. (3) If a person contravenes subsection (1) or (2), the Director may, by written notice, require the person to pay a civil penalty to the Territory in the amount prescribed by the regulations. (4) A notice given under subsection (3) must specify the amount and time for payment. (5) An amount payable under subsection (3) is a debt due to the Territory by the person. Note for section 18 A contravention of subsection (1) or (2) is not an offence. 19 Application for suitability certificate (1) A person may apply to the Director for a suitability certificate. (2) The application must be accompanied by the prescribed fee. (3) The Director may issue a suitability certificate if the Director is satisfied that the applicant and any other person required to hold the suitability certificate under section 18(2): (a) are suitable persons to operate a sex services business; and (b) meet any requirements prescribed by regulation. 20 Duration of suitability certificate A suitability certificate remains in force until: (a) the person holding the certificate is no longer required to hold it under section 18(2); or (b) the Director revokes the certificate. 21 Revocation of suitability certificate (1) The Director may investigate whether or not a person is a suitable person to operate a sex services business if the Director receives any information in relation to: (a) any matter prescribed by regulation; or -- 10 of 19 -- Part 5 Miscellaneous matters Sex Industry Act 2019 9 (b) any contravention of a law of the Territory, guideline or standard governing the operation of the business. (2) After the investigation, the Director may either: (a) revoke a suitability certificate if, in the Director's opinion, the person is no longer a suitable person to operate a sex services business; or (b) confirm that the person is a suitable person to operate a sex services business. 22 Use of information collected under Part (1) Information collected under this Part must not be used for any purpose other than the purpose for which it was given. (2) Despite the Information Act 2002, if the information collected under this Part is personal information, any records of the information must be destroyed as soon as practicable after the person to whom the information relates stops holding the suitability certificate. Part 5 Miscellaneous matters 22A Director (1) The Minister must, in writing, appoint a public sector employee to be the Director. (2) The Minister may, in writing, determine that the Director be known by another name. (3) If the Minister determines under subsection (2) that the Director be known by another name, a reference in this Act to the Director is taken to be a reference to that name. (4) For subsection (1), the Minister may appoint: (a) a public sector employee by name; or (b) a public sector employee by reference to the office, position or designation held or occupied by the employee; or (c) a public sector employee from time to time holding, acting in or performing the duties of a named office, position or designation. -- 11 of 19 -- Part 5 Miscellaneous matters Sex Industry Act 2019 10 22B Delegation The Director may, in writing, delegate any of the Director's powers and functions under this Act: (a) to another public sector employee; or (b) with the consent of the Minister, to any other person. 23 Review by NTCAT (1) NTCAT has jurisdiction to review a decision (a reviewable decision) specified in the Schedule. (2) An affected person, for a reviewable decision, is a person specified in the Schedule for the decision. (3) An affected person for a reviewable decision may apply to NTCAT for review of the decision. Note for section 23 The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to the Tribunal for review and other relevant matters in relation to reviews. 24 Regulations (1) The Administrator may make regulations under this Act. Note for subsection (1) See section 65 of the Interpretation Act 1978. (2) A regulation may prescribe any of the following: (a) fees payable under this Act; (b) requirements for advertising; (c) requirements for suitability certificates; (d) matters relevant to the revocation of suitability certificates. 25 Establishment of Review Committee (1) The Review Committee is established. (2) The Review Committee consists of the following members appointed by the Minister: (a) one person who represents the interests of the community; (b) 2 persons who represent the interests of the sex industry; -- 12 of 19 -- Part 5 Miscellaneous matters Sex Industry Act 2019 11 (c) one person with expertise and experience in public health; (d) one person with expertise and experience in occupational health and safety. (3) The Minister must appoint one member of the Review Committee to be the chairperson of the Committee. (4) The Minister may determine the terms of the reference for the Review Committee. (5) The Review Committee must comply with the terms of reference determined by the Minister. (6) An act or thing done by the Review Committee is not affected only by reason of a vacancy in the membership of the Committee or a defect in the appointment of a person as a member. 26 Review of Act (1) The Review Committee must, as soon as possible after the commencement of this Act: (a) assess the number of sex workers in the Territory and the nature of the environment in which they work; and (b) report on its findings to the Minister. (2) The Review Committee must do the following within 5 years after the commencement of this Act: (a) review the operation of this Act since its commencement; (b) assess the impact of this Act on the number of sex workers in the Territory and the nature of the environment in which they work; (c) consider whether any amendments to this Act or any other law are necessary or desirable in relation to sex workers or sex work and, in particular: (i) whether the suitability certificate requirements are effective or could be improved; and (ii) whether any other Agency could or should administer the suitability certificate requirements; and (iii) whether a system is needed for identifying the location of sex services businesses; -- 13 of 19 -- Part 7 Transitional matters for Justice and Licensing Legislation Further Amendment Act 2022 Sex Industry Act 2019 12 (d) consider whether any further review or assessment of the matters set out in this subsection is necessary or desirable; (e) report on its findings to the Minister. (3) The Minister must table a copy of the report in the Legislative Assembly within 18 sitting days after the Minister receives the report. Part 6 Repeal and transitional matters 27 Acts repealed The following Acts are repealed: (a) Prostitution Regulation Act 1992 (Act No. 6 of 1992); (b) Prostitution Regulation Amendment Act 1993 (Act No. 47 of 1993); (c) Prostitution Regulation Amendment Act 2000 (Act No. 69 of 2000). 28 Destruction of certain records created under Prostitution Regulation Act 1992 Despite the Information Act 2002, the following information must be destroyed as soon as practicable after the commencement of this Act: (a) all personal information obtained under Part 2, Division 2 of the Prostitution Regulation Act 1992; (b) all personal information held in the registers referred to in Part 3, Division 7 of the Prostitution Regulation Act 1992. Part 7 Transitional matters for Justice and Licensing Legislation Further Amendment Act 2022 29 Definitions In this Part: commencement means the commencement of Part 3, Division 4 of the Justice and Licensing Legislation Further Amendment Act 2022. Commissioner means the Commissioner as defined in section 4 as in force immediately before the commencement. -- 14 of 19 -- Part 7 Transitional matters for Justice and Licensing Legislation Further Amendment Act 2022 Sex Industry Act 2019 13 30 Delegations A delegation by the Commissioner of any of the Commissioner's powers or functions under this Act that is in force immediately before the commencement is taken to be a delegation by the Director made under section 22B. 31 Pending applications (1) Subsection (2) applies in relation to an application if, before the commencement: (a) the application had been made to the Commissioner under this Act; and (b) the Commissioner had not made a decision on the application. (2) The application must be dealt with and decided in accordance with this Act as in force immediately before the commencement. (3) The decision made by the Commissioner on the application is taken to be a decision made by the Director under this Act. 32 Pending reviews (1) Subsection (2) applies in relation to a review if, before the commencement: (a) the review had been commenced under this Act; and (b) a decision on the review had not been made. (2) The review must be dealt with in accordance with this Act as in force immediately before the commencement. 33 Reviews not yet commenced (1) Subsection (2) applies in relation to a decision if, before the commencement: (a) the decision had been made by the Commissioner and the period for applying for a review of the decision had not expired; and (b) an application for review had not been made. (2) A person who would have been entitled to apply for a review of the decision under this Act as in force immediately before the commencement may do so under this Act as in force after the commencement as if the decision had been made by the Director. -- 15 of 19 -- Part 7 Transitional matters for Justice and Licensing Legislation Further Amendment Act 2022 Sex Industry Act 2019 14 34 Continuation of ongoing documents and actions (1) On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director. (2) On the commencement, an ongoing action continues with the same force and effect as if it had been done by, or in relation to, the Director. (3) This section applies subject to the other provisions of this Part. (4) In this section, a reference to something done before the commencement includes a reference to something done after the commencement in accordance with this Part as if it had been done before the commencement. (5) In this section: ongoing action means an action or thing that: (a) was done by, or in relation to, the Commissioner before the commencement in or for the exercise of a power or performance of a function under this Act that, on the commencement, is conferred on the Director; and (b) immediately before the commencement, had ongoing effect. ongoing document means a document that: (a) was issued by, or given to, the Commissioner before the commencement in or for the exercise of a power or performance of a function under this Act that, on the commencement, is conferred on the Director; and (b) immediately before the commencement, had ongoing effect. -- 16 of 19 -- Schedule Reviewable decisions and affected persons Sex Industry Act 2019 15 Schedule Reviewable decisions and affected persons section 23 Reviewable decision Affected person Refusing to issue a suitability certificate under section 19 Applicant Revoking a suitability certificate under section 21 Certificate holder -- 17 of 19 -- ENDNOTES Sex Industry Act 2019 16 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Sex Industry Act 2019 (Act No. 40, 2019) Assent date 13 December 2019 Commenced 12 June 2020 (Gaz S35, 11 June 2020) Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Justice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022) Assent date 31 October 2022 Commenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50, 21 December 2022, p 1) Justice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024) Assent date 24 May 2024 Commenced pts 4 and 8: nc; pts 9 and 10: 1 July 2024 (s 2(3)); rem: 25 May 2024 (s 2(1)) 3 LIST OF AMENDMENTS lt amd No. 26, 2020, s 3 s 4 amd No. 21, 2022, s 37; No. 9, 2024, s 42 s 5 amd No. 26, 2020, s 3 ss 18 – 21 amd No. 21, 2022, s 40 ss 22A – 22B ins No. 21, 2022, s 38 pt 5 hdg amd No. 21, 2022, s 40 pt 7 hdg exp No. 40, 2019, s 39 ins No. 21, 2022, s 39 pt 7 div 1 hdg exp No. 40, 2019, s 39 ss 29 – 30 exp No. 40, 2019, s 39 ins No. 21, 2022, s 39 -- 18 of 19 -- ENDNOTES Sex Industry Act 2019 17 pt 7 div 2 hdg exp No. 40, 2019, s 39 ss 31 – 32 exp No. 40, 2019, s 39 ins No. 21, 2022, s 39 pt 7 div 3 hdg exp No. 40, 2019, s 39 ss 33 – 34 exp No. 40, 2019, s 39 ins No. 21, 2022, s 39 pt 7 div 4 hdg exp No. 40, 2019, s 39 ss 35 – 36 exp No. 40, 2019, s 39 pt 7 div 5 hdg exp No. 40, 2019, s 39 ss 37 – 38 exp No. 40, 2019, s 39 pt 7 div 6 hdg exp No. 40, 2019, s 39 s 39 exp No. 40, 2019, s 39 -- 19 of 19 --