Sex Work Amendment (Infringements) Regulations 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Sex Work Amendment (Infringements) Regulations 2012 S.R. No. 41/2012 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 5 Objective of Principal Regulations 2 6 Safety requirements 2 7 Regulation 12 inserted 3 12 Infringement offences and infringement penalties 3 8 Schedule 3 inserted 4 SCHEDULE 3—Infringement Offences and Infringement Penalties 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 41/2012 Sex Work Act 1994 Sex Work Amendment (Infringements) Regulations 2012 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 13 June 2012 Responsible Minister: MICHAEL O'BRIEN Minister for Consumer Affairs YVETTE CARISBROOKE Acting Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to amend the Sex Work Regulations 2006 to— (a) prescribe additional infringement offences and the infringement penalties for those offences under the Sex Work Act 1994; and (b) clarify that an offence relating to safety requirements under those Regulations is three separate offences. 2 Authorising provision These Regulations are made under section 68 of the Sex Work Act 1994. -- 2 of 7 -- S.R. No. 41/2012 Sex Work Amendment (Infringements) Regulations 2012 Authorised by the Chief Parliamentary Counsel 2 3 Commencement These Regulations come into operation on 25 June 2012. 4 Principal Regulations In these Regulations, the Sex Work Regulations 20061 are called the Principal Regulations. 5 Objective of Principal Regulations In regulation 1 of the Principal Regulations— (a) in paragraph (f), for "certificates." substitute "certificates; and"; (b) after paragraph (f) insert— "(g) additional infringement offences and the infringement penalties for those offences.". 6 Safety requirements For regulation 7(3) of the Principal Regulations substitute— "(3) If a business is or includes a brothel, the sex work service provider and the approved manager must ensure that all rooms used for sex work have a concealed alarm button, or equivalent communication device, that is in working order and can be easily accessed by the sex worker throughout the delivery of sexual services. Penalty: 40 penalty units. r. 3 -- 3 of 7 -- S.R. No. 41/2012 Sex Work Amendment (Infringements) Regulations 2012 Authorised by the Chief Parliamentary Counsel 3 (3A) If a business is or includes a brothel, the sex work service provider and the approved manager must ensure that all rooms used for sex work have sufficient lighting to enable sex workers to check for readily evident signs of sexually transmitted diseases. Penalty: 40 penalty units. (3B) If a business is or includes a brothel, the sex work service provider and the approved manager must ensure that a safe-sex sign containing an illustration that depicts the whole or a portion of an adult male wearing a condom is prominently displayed in the reception area of the business and in every room used for sex work. Penalty: 40 penalty units.". 7 Regulation 12 inserted After regulation 11 of the Principal Regulations insert— "12 Infringement offences and infringement penalties For the purposes of section 89A(1) of the Act— (a) an offence specified in column 2 of Schedule 3 is a prescribed offence in respect of which an infringement notice may be issued; and (b) the prescribed infringement penalty for each infringement offence is the penalty specified in column 3 of the corresponding entry of Schedule 3.". r. 7 -- 4 of 7 -- S.R. No. 41/2012 Sex Work Amendment (Infringements) Regulations 2012 Authorised by the Chief Parliamentary Counsel 4 8 Schedule 3 inserted After Schedule 2 to the Principal Regulations insert— "__________________ SCHEDULE 3 Regulation 12 INFRINGEMENT OFFENCES AND INFRINGEMENT PENALTIES Column 1 Item Column 2 Infringement Offence Column 3 Infringement Penalty 1 An offence against section 17(1)(a) of the Act 4 penalty units 2 An offence against section 17(1)(b) of the Act 4 penalty units 3 An offence against section 17(2) of the Act 4 penalty units 4 An offence against section 17(3)(a) of the Act 4 penalty units 5 An offence against section 17(3)(b) of the Act 4 penalty units 6 An offence against section 17(4)(a) of the Act 4 penalty units 7 An offence against section 17(4)(b) of the Act 4 penalty units 8 An offence against section 21(1)(a) of the Act 5 penalty units 9 An offence against section 21(1)(b) of the Act 5 penalty units 10 An offence against section 52(4) of the Act 6 penalty units 11 An offence against section 60A(1) of the Act 1 penalty unit r. 8 -- 5 of 7 -- S.R. No. 41/2012 Sex Work Amendment (Infringements) Regulations 2012 Authorised by the Chief Parliamentary Counsel 5 Column 1 Item Column 2 Infringement Offence Column 3 Infringement Penalty 12 An offence against regulation 7(3) of these Regulations 4 penalty units 13 An offence against regulation 7(3A) of these Regulations 4 penalty units 14 An offence against regulation 7(3B) of these Regulations 4 penalty units ". ═══════════════ r. 8 -- 6 of 7 -- S.R. No. 41/2012 Sex Work Amendment (Infringements) Regulations 2012 Authorised by the Chief Parliamentary Counsel 6 ENDNOTES 1 Reg. 4: S.R. No. 64/2006. Reprint No. 1 as at 1 December 2010. Endnotes -- 7 of 7 --