Australian Institute of
Criminology
Raelene Frances. The history
of female prostitution in Australia 1994
Frances R. Australian prostitution in international context. Aus Hist Stud 1996 (abstract)
Pinto et al:
Prostitution Laws in Australia. 1990
Jocelynne Scutt: Judicial vision:
Rape, prostitution and the 'chaste woman'. 1992
Bridgett and
Robinson: Sex workers and sexual assault 1999
Sex
Industry and Public Policy (AIC Conference) 1991[2]
Includes:
(downloadable)
Pickles:
Legal perspectives in the sex industry
Hancock
L: Legal Regulation of Prostitution
Sullivan
B: Feminist approaches to the sex industry
Zajdow: Sex work and regulation
Hunter:
Theoretical approaches to sex work in sex worker rights groups
Gallagher:
Taxation and the Sex Industry
Perkins:
Sexual health and safety
Gleeson:
Industrial aspects of the sex industry
Migration, Trafficking and Smuggling of
Persons
Human
Smuggling and Trafficking (2000)
Organised crime and people smuggling/trafficking in
Australia (2001)
Law enforcement
responses to trafficking (2007)
Labour Trafficking Nov 2010 (pdf)
Barbara Sullivan: Rethinking prostitution
(in, Transitions: New Australian Feminisms) 1995 (pdf)
B
Sullivan: Buying/Selling Sex Social Alternatives 1999 (pdf)
B
Sullivan: Prostitution law reform in Australia. Soc
Alt 1999 (pdf)
Roberta
Perkins: The customer in the Australian sex industry. Soc
Alt 1999 (pdf)
Donovan
et al: Does the repeal of prostitution laws open the floodgates? ISSTDR[3]
2005 (abstract)
Crofts and Summerfield. The licensing of sex work in
Australia and New Zealand. Murdoch Law Journal 2006 (pdf)
Leslie
Cannold: Helping women make choices on prostitution.
The Age Oct 1 2007
Study backs
decriminalisation of prostitution. ABC 16 Sept 2008
Trafficking
In Persons: The Australian Government Response 2009-2010 (pdf)
Coalition Against Trafficking in Women
(Australia)
Government
moves to ban visa holders from sex work. Age Nov 21 2007[4]
Model
Legislation (with AFAO) 2000
Rachel Woton. Harm Reduction Frameworks in Sex Worker Peer
Education, 2007 (pdf)
Australian
Federation of AIDS Organisations (AFAO)
Joint SA-AFAO Reports
Best
practices in health and safety (pdf)
Sex work
and discrimination 1999 (pdf)
The female sex industry in Australia Donovan Venereology 1996 9(1) 63-8Belinda Carpenter: The prostitute and the client. Wom Stud Int Forum 1998 (abstract)
Crimes
(Child Sex Tourism) Amendment Act 1994
Criminal
Code Amendment (Slavery and Sexual Servitude) Act 1999[5]
Criminal
Code Amendment (Trafficking in Persons Offences) Act 2005
See
also international conventions
Trafficking and the sex industry. Parliamentary Library 2003
Parliamentary
Inquiry into the trafficking of women for sexual servitude 2004
High Court trial May 2008. The Law Report ABC
Prostitution
Amendment Act 2002
ACT
Sexual Services Industry Code of Practice March 2005
The Sex Industry in the ACT. AIC 1991
The politics of vice in the ACT. AIC 1991
Sera
Pinwill: Ocupational health
and safety in the sex industry in ACT. Soc Alt 1999 (pdf)
Starting
out as a professional sex worker
Law and
Policy
Act for the Prevention of Vagrancy 1835[7]
Vagrancy Act 1902[9]
Police Offences (Amendment) Act 1908[10]
Child Welfare Act 1939
Restricted
Premises Act 1943[11]
Landlord and Tenant (Amendment) Act 1948
Vagrancy, Disorderly Houses and Other Acts
(Amendment) Act 1968[12]
Summary Offences Act 1970[13]
Royal Commission On Human Relationships (1977)
NSW Women's Advisory Council to the Premier Report (1978)
Prostitution Act 1979[14]
Offences in Public Places Act 1979
Environmental Planning and
Assessment Act 1979
Land and Environment Court Act 1979
Community Welfare Act 1982
Prostitution (Amendment) Act 1983[15]
Select
Committee of the Legislative Assembly Upon Prostitution 1983-6[16]
Crimes
(Child Prostitution) Amendment Act 1988[18]
Public Health Act 1991
Disorderly Houses Amendment Bill 1991
Disorderly
Houses (Amendment) Act 1995[19]
Royal Commission
into the NSW Police Service (1996-7)
Children
and Young Persons (Care and Protection) Act 1998[20]
Crimes
and Courts Legislation Amendment Act 1999[21]
Brothel Task Force Report (2000-1)
Disorderly
Houses Amendment (Brothels) Act 2001[22]
Disorderly
Houses Amendment (Commercial Supply of Prohibited Drugs) Act 2002[23]
Brothels Legislation Act 2007[24]
Current Regulatory Framework
Crimes Act
1900
Disorderly
Houses Act 1943
Environmental
Planning and Assessment Act 1979
Summary
Offences Act 1988
New South Wales: Health and safety guide for brothels
2001 (pdf)
Department of Planning
Sex
Services Premises Planning Advisory Panel 2002
(formerly: Brothels Advisory Panel)
Sex Services Premises Guidelines: December 2004
Circular: Commencement of Brothels Act. Oct 2007 (pdf)
Case Law
Shaluga (1958) 75 WN (NSW) 120
Samuels
v. Bosch (1972) 127 CLR 517
Sibuse Pty Ltd v Shaw (1988)
13 NSWLR 98
Rahme (1993) 70 A Crim R 357
Franklin v. Durkin NSWSC 21 October 1994. Unreported
Fairfield City
Council v. Taouk
[1998] NSWLEC 132
Coleman v DPP [2000]
NSWSC 275
Research
Perkins:
Street Prostitution and its manipulation by Law in NSW AIC 1991
Wade: From
the inside. Sex workers and clients in NSW. AIC 1991
Egger and
Harcourt: Prostitution in NSW. The impact of deregulation AIC 1993
John Scott: Prostitution and Public Health in NSW. Culture Health Sex
2003 (pdf)
Egger
and Harcourt: Comment on Prostitution and Public Health in NSW. Culture Health
Sex 2004
Scott:
Reply to Egger and Harcourt. Culture Health Sex 2004
(Slide
Show: Use View Switch for full screen)
Other Reports
Roberta Perkins:
Prohibition and Policing in NSW 1908-1978. AIC 1991
Perkins: NSW in
the 1980s. AIC 1991
Juliet
November: Hooking without crooking. Walrus 2009
Professional development
Touching Base (Sex Workers and
Disability)
Organisations
Prostitution
Regulation Act 2004
Legal framework
Integrated Planning Act 1987
Fitzgerald Inquiry 1989[25]
Criminal Justice Commission. Regulating morality? An inquiry into
prostitution in Queensland. 1991[26]
Prostitution Laws Amendment Act 1992
Organisations
Prostitution Licensing
Authority
Selling
Sex in Queensland 2003 (pdf)
The process of change in Queensland. AIC 1991
Linda
Banach: Sex work and occupational health and safety
in Queensland. Soc Alt 1999 (pdf)
Media
Colleen Lewis: How best to
use Fitzgerald. Age June 4 2004
Minister
rejects licensing of all sex workers. Sunshine Coast Daily Oct 17 2007
Criminal Law Consolidation Act 1935
Summary Offences
Act 1953
Prostitution (Licensing) Bill 1999
Prostitution (Registration) Bill
1999
Prostitution (Regulation) Bill 1999
Summary Offences (Prostitution) Bill
1999
Inquiry
into Prostitution 1996
Speech in
Legislative Council (Prostitution Regulation Bill) October 10 2000
Sandra Kanck. Prostitution Law Reform. Australian Democrats.
Would you like sex with that?
Green Left February 23 2000
Begley
v.Police (1996) 188 LSJS 326
Prostitution in South Australia. State Library 1995
Social reform in South Australia. State Library 2007
Criminal Code Act 1924[28]
Police Offences
Act 1935[29]
Committee report on the need for legislative
regulation and reform of the sex industry 1999 (pdf)
Sex Industry Regulation Bill 2004-5[30]
Sex
Industry Offences Act 2005[31]
2008 Sex Industry Act Review
Concern over
sex industry review: ABC October 2008
Scarlet Alliance
Submission, November 2008 (pdf)
Justice
Department Report May 2009 (pdf)

Marcia Neave
Law and Policy[32]
Act for the Better Prevention of Vagrancy
and Other Offences 1852[33]
Criminal Law and practice Statute 1864[34]
Conservation of Public Health Act 1878
Crimes Act 1891[35]
Police Offences Act 1891[36]
Police Offences Act 1907[37]
Police Offences Act 1928
Police Offences Act 1940[38]
Police Offences (Prostitution) Act 1957[39]
Health Act 1958
Venereal Diseases Act 1958
Police Offences Act 1961
Prostitution Act 1961[40]
Vagrancy Act 1966
Summary Offences Act 1966
Summary Offences Act 1967[41]
Crimes (Sexual Offences) Act 1980[42]
Prostitution
Regulation Act 1986
Planning
and Environment Act 1987
Prostitution Control Act 1994 (As amended)
Prostitution
Control (Amendment) Act 1997
Business
Licensing Authority Act 1998
Prostitution
Control (Amendment) Act 1999
Prostitution
Control (Planning) Act 2000
Prostitution
Control (Proscribed Brothels) Act 2001
Occupational
Health and Safety Act 2004
Public
Health and Wellbeing Act 2008
Consumer
Affairs Legislation Amendment Act 2010
Prostitution
Control Regulations 2006
Regulatory
Impact Statement (pdf)
Health
(Infectious Diseases) Regulations 2001
Health
department: Infectious diseases regulations
Victorian Government Inquiry into
Prostitution (Neave) 1985
Recommendations: Pages
253-6, 259-61
Prostitution Control Board (1995-2000)
Business
Licensing Authority (Prostitution Service Providers) 2000 -
Case law
Fox v. Warde [1978]
V.R. 362
AIC
Prostitution
in Victoria: Local Government. AIC 1991
Victorian
Situation with legislation. AIC 1991
Victorian Brothel Owners' Perspective. AIC 1991
Rape and the sex industry. AIC 1992
Inner South
Community Health Service
Resourcing Health and Education in the Sex
Industry (RhED)
Ten
years under the Prostitution Control Act. RhED 2004
Prostitutes
Collective of Victoria (History)
Victorian Sex Industry Network
(VIXEN)
Research
C McConville. The
location of Melbourne’s prostitutes 1870-1920. Historical Studies 19:
86-9, 1980
M Arnot. The law and prostitution in Victoria 1834-1980[43]
M Neave. The failure of prostitution law reform. Aust NZJ Crim 1988 21(4) 202-13[44]
Linda Hancock: Young people involved in prostitution in Victoria. 1994 (pdf)Priscilla Pyett: Who works in the sex industry? ANZJPH 1996 (pdf)
Alison Arnot:
Legalisation of the sex industry in Victoria. MA
Thesis U Melbourne 2002 (pdf)
Chen
et al. Estimating the number of unlicensed brothels in
Melbourne. ANZJ Pub Health 2010 (pdf)
Commentary
Jenny
Stokes: Prostitution in Victoria - the effects of legalisation.
Right to Life 2001
Mary Sullivan:
Whose rights are we talking about: legalised prostitution. Arena May 2007
St Kilda: Chronology of a
Red Light District
Media
Hard
sell on sex street. The Age July 13 2002
Legislative History
Criminal
Code (1913)
(Ss.
190, 191)[45]
Police Act 1892
Motion to license houses of ill-fame 1898[46]
Royal Commission into Matters Surrounding the
Administration of the Law Relating to Prostitution (J G Norris) 1975-6*
Human Rights and Equal Opportunity Commission:
Discussion paper No. 8: Prostitution and Human Rights (JM Edwards)[47]
Criminal Law Amendment Act 1988 Pt. 2
Law
Reform (Decriminalization Of Sodomy) Act 1989
Community Panel on Prostitution (B Grant)
Report 1990-1[48]
Acts
Amendment (Evidence) Act 1991
Criminal
Law Amendment Act (No 2) 1992
Prostitution
Control Act 2000 (pdf)[49]
(HTML:
scroll down to Prostitution)
Prostitution
Control Bill 2002
Prostitution
Control Bill 2003
Kennedy Report 2004[50]
Criminal
Law Amendment (Simple Offences) Act 2004[51]
Prostitution
Amendment Act 2008[52]
Prostitution
Amendment Bill 2007[53]
Minister's Second Reading Speech: August 29th
(Word)
Debate
(Hansard)[54]
Search Hansard: Enter 'Prostitution' and Year is '2007' and
‘2008’ using Advanced Search
(August
29 2007-April 3 2008)
Government
announces reform plans Sept 12 2006
Prostitution
Law Reform Working Group (Ellery) 2006-7
Final
Report January 2007 (pdf)[55]
“Decriminalisation removes all laws that
criminalise prostitution. However, it does not
involve the State condoning or profiting from prostitution. It removes the
criminal penalties and criminal stigma from prostitution. A decriminalised
sex industry need not, however, be an unregulated industry, as prostitution
becomes subject to the same kinds of controls and regulations which govern the
operation of other businesses. This enables sex workers to have and access the
same protections afforded to other workers. The Working Group was satisfied
that the adoption of such a model is likely to increase the willingness of sex
workers to identify themselves as part of the industry. The Working Group was
also satisfied that such changes are unlikely to result in a significant growth
in the sex industry.” (p. 12)
Minister's
Statement Feb 15 2007
Regulation
of Brothels News.com June 18 2007
"We all know that prostitution is the oldest profession, attempts
at prohibition have always failed, everywhere in the world, and so there is now
a recognition that we need to regulate something that we cannot prohibit" Attorney-General
Reactions
Professor
Colin Binns, School of Public Health Feb 17 2007
Scarlet Alliance reaction to Bill
Prostitution Law Amendment Working Committee
CATW
calls Australian policies shameful. Sight September 20th 2007
Press release Sept 21 2007 (pdf)
Michelle
Pearse: Opinion piece. Christian Today October 4 2007
(Word)
Media
Police back move. Perth
Now Aug 13 2007.
Liberals divided. ABC September 21st.
Opposition
calls Bill regressive. Perth Now Oct 17
Opposition
accuses Government of haste. ABC Oct 18
Sex
workers demand protective legislation. Perth Now Oct 25
Minister’s
Statements
See also Hansard debate for that date
Media
Churches
oppose legal brothels. West Australian Feb 12 2011
Prostitutes
blast brothel law plans. West Australian Feb 14 2011
Submission of
Scarlet Alliance Jan 27 2011 (pdf)
Nothing about us without us. Submission July 2011
Political Parties
Greens
Advocacy
Research
Davidson RF. Prostitution in Perth and Fremantle and
on the Eastern Goldfields 1895-September 1939 MA Thesis University of Western
Australia 1980
*Langton, Rebecca. Prostitution,
Power and Politics: TheWestern Australian Royal
Commission of 1976. Honours Thesis University of
Western Australia 1994
Elaine Dowd: Sex workers' rights. Outskirts
2002
Elaine McKewon:
Historical geography of prostitution in Perth. Aus Geog 2003 (pdf)
The
Scarlet Mile: A social history of prostitution in Kalgoorlie
1894-2004. Elaine McKewon 2005.
The Sex Industry in WA. LASH 2010 (pdf)
Media
Prostitution Control Bill dumped. Green Left July 2003
Criminology
Australian
Institute of Criminology
Amanda George: The Big Prison (Women and the
penal system). 1991
Jude McCulloch: Policing women. 1991
Egger: Criminal justice policy in later
modernity. MULR 2004
Books
Carpenter B. Rethinking Prostitution: Feminism, Sex and the Self. Peter
Lang, N.Y. 2000
R. Frances, White Slaves/White Australia: Prostitution and the Making of Australian
Society, History Council of New South Wales, 2004.
Frances R. Selling sex:
A hidden history of prostitution.
UNSW, Sydney 2007
Perkins, R. Bennett G. Being a Prostitute. George Allen and Unwin, Sydney 1985 1985.
Perkins
R: Working Girls: Prostitutes, their life and social control. AIC 1991
Perkins, R., G. Prestage,
R. Sharp and F. Lovejoy (eds.) Sex
Work and Sex Workers in Australia. University of NSW, Sydney 1994
Sullivan B. The Politics of Sex. Prostitution
and pornography in Australia since 1945. Cambridge,
Melbourne 1997
Perkins R, Lovejoy
F. Call Girls: Private sex workers in Australia. University of Western
Australia 2007
Sexuality
Mathews
JJ. Sex in Public: Australian sexual culture. Allen and Unwin
1997
Book Chapters
Chapter 8 Public Order
Offences
Excerpt: 8.7 Prostitution pp
885-905[57]
Gregory
JA. City of Light: A history of Perth since the 1950s: Chapter 6. University of
Western Australia 2003
Book Reviews
'Making Sex Work' and 'Call Girls' Zajdow Arena February 2008
Last updated: October 26, 2011
Dr Michael Goodyear, Dalhousie University, Nova Scotia,
Canada
[1] Note: Legislation is at the level of States and Territories, with few exceptions
[2]
Gerull S, Halstead B (eds.) 1992
[3]
International Society for Sexually Transmitted Diseases Research
[4] The Government were voted out of Office Nov 25
[5]
s270.6(1) creates offence of
placing someone in sexual servitude, 270.6(1) of conducting such a business,
270.7 of deception relating to same. These offences are defined as occurring
outside of Australia
[6]
Chapter 9: Offences against
Humanity, Slavery (1998) deals with trafficking, sexual slavery and debt
bondage, pp 15-6 passim, and p17ff
[7] ‘every common prostitute
wandering in any street or public highway or being in a place of public resort
who shall behave in a riotous or indecent manner’ could be arrested as
idle and disorderly
[8] Ss
91A-91B deal with procuring. 580C abolishes the common law offence of keeping a
brothel (1995), 91C defines, procuring, 91E profiting from, 91F premises
involved in, 91G pornography, relating to Child Prostitution (1988)
[9] s 4(1)(c) “being a
common prostitute, [who] wanders in any street or public highway, or is in any
place of public resort, and in either case behaves in a riotous or indecent
manner”
“whosoever
being a common prostitute, solicits or importunes for immoral purposes any
person who is in any public street, thoroughfare, or place”
[10] Amended
Vagrancy Act 1902 to create offence of soliciting Section 4(1)(i) “being
a known prostitute, [who] solicits or importunes for immoral purposes any
person who is in any public street, thoroughfare, or place”. Also living
off the earnings 4(2)(o), solicitation by pimps 4(2)(o)(ii), and managing
premises 8B.
[11]
An Act to make provision for the declaration of premises and the closure of
premises on which certain illegal activities are suspected of being carried on;
and for purposes connected therewith.Formerly Disorderly Houses Act 1943. Renamed in 2002. Part 3 refers to
brothels.
[12]
Created new soliciting and
loitering offences which then became s28 of the Summary Offences Act 1970.
Added prostitution to the Disorderly Houses Act 1943
[13]
Assumed soliciting and
loitering offences from the Vagrancy Act 1968. s30 dealt with premises holding
out as massage parlours etc., s31 living on the
earnings, and s32 with being the owner of premises. (Later repealed by the
Prostitution Act 1979)
[14]
Repealed ss28, 32 of the Summary Offences Act 1970. ss
31 and 32 became ss 5,6 of this Act. s7 dealt with
knowingly permitting prostitution in massage parlours etc,
and s8 with advertising. This Act was in turn repealed and replaced with little change by
the Summary Offences Act 1988
[15]
Added s8A (partially recriminalising soliciting)
(1) A person in a public street shall not, near a dwelling,
school, church or hospital, solicit another person for the purpose of
prostitution …
(2) A person shall not, in a school, church or
hospital, solicit another person for the purpose of prostitution.
[16]
Chair: P Rogan MP. Essentially
recommended “decriminalization with controls”, but was ignored till
1995
[17]
Part 3 refers to brothels. Amended
1997, 1999
[18]
Inserts 91C-G into Crimes Act,
relating to Child Prostitution and pornography
[19] A decriminalizing Act, repealing ss 3(1)(e) of the 1943 Act, but authorizing the Land and
Environment Court to make an order prohibiting the use of a premise on
application by local authority, that is Civil Law.
[20]
S43 allows police to remove a
child from premises
[21] Added client specific offences to
Summary Offences Act 1988, ss 19(5)
[22] Inserted s17A regarding evidence
required to establish that a premise is used as a brothel (recommendation of
the Brothel Task Force).
[23] Renamed Disorderly Houses Act 1943
the Restricted Premises Act
[24]
An Act to amend the Environmental Planning and Assessment Act 1979, the Restricted Premises Act 1943 and the Land and Environment Court Act 1979 with respect to the
closure of disorderly or unlawful brothels; and for other purposes.Assented to, in force, repealed 2007
(that is, it was purely an amending act).
[25] Report of a Commission of Inquiry
into “Possible Illegal Activities and Associated Police
Misconduct". Tony Fitzgerald QC
[26]
Sir Max Bingham QC
[27] Formerly SQWISI
[28] CRIMINAL CODE
ACT 1924, CHAPTER XIV, ‘Crimes Against Morality’
Section 125 of the
'Criminal Code Act 1924', ‘Permitting unlawful sexual intercourse with a
young person on premises’
'Any person who-
(a) is the owner or
occupier of any premises, or
(b) has, or acts or
assists in, the management or control of any premises,
and who induces or
knowingly permits any person under the age of seventeen (17) years to be in or
upon the premises for the purposes of having unlawful sexual intercourse with
another person is guilty of a crime.'
‘Procuration’, Section
128
'Any person who-
(a) (Repealed)
(b) procures
another person to become a common prostitute, either in this State or
elsewhere;
(c) procures
another person to leave this State with intent that such a person may become an
inmate of, or frequent, a brothel elsewhere; or
(d) procures
another person to leave that person's usual place of abode in this State, such
place not being a brothel, with intent that such a person may for the purposes
of prostitution become an inmate of, or frequent, a brothel, either in this
State or elsewhere,
-is guilty of a
crime.'
‘Procuring by
threats, fraud or administering drugs’, Section 129
'Any person who-
(a) by threats or intimidation
of any kind procures another person to have unlawful sexual intercourse, either
in this State or elsewhere;
(b) by any false pretence or false representation procures another person to
have unlawful sexual intercourse, either in this State or elsewhere; or
(c) administers, or
causes another person to take, any drug or other thing with intent to stupefy
or overpower that person in order to enable any other person to have sexual
intercourse with that person,
-is guilty of a
crime.'
[29] Prior to the 2005 Act, soliciting by a prostitute, living on the earnings of a prostitute,
keeping a disorderly
[30]
Lost in Upper House.
Introduced and Withdrawn June 2005. Replaced by Sex Industry Offences Bill
October 2005
Second
Reading speech, Legislative Council June 15 2005
ABC: Independent
says opposition growing against sex industry Bill. June 24 2005
[31]
Replaced Sex Industry
Regulation Bill.
ABC: Tas Upper House debates
contentious sex Bill. Oct 19 2005
[32] In the early 19th century NSW legislation applied in Victoria, e.g. Act for the Prevention of Vagrancy 1835.
[33] Similar provisions to Vagrancy Act 1835 (NSW) which it succeeded
[34] S. 44 penalised
procuring girls (but not women, save forceful detainment for marriage or carnal
knowledge S 51
[35] Extended procuring to adult women
(unless know n to be ‘a common prostitute or of known immoral character’) Ss 14-15. The withholding of clothing in brothels was also
prohibited
[36] S 7(2) first penalized
‘importuning’ (soliciting), as opposed to vagrancy
[37] Ss 5-6 Penalised living on the earnings and brothel owning
[38] S 3 included premises used by one
woman, a war time VD measure
[39] S3prohibited loitering for the
purposes of prostitution
[40] S3 prohibited soliciting for
‘immoral purposes’ and was held to include homosexual acts
[41] Penalised
clients of street prostitution S3
[42] S 12 deals with homosexual
prostitution, latter moved to Vagrancy Act 1966 S12A
[43] Prepared for the Neave Inquiry
[44] See also: Prostitution Laws in
Australia: Past history and current trends (1994), in: SexWork
and Sex Workers in Australia, Perkins R et al. (eds.) (under Suggested Books)
[45]
S. 190:
(1) Any person who -
(a) keeps or manages, or acts, or assists in the
management of any premises for purposes of prostitution;
(b) being the tenant, lessee, or occupier of any
premises, permits such premises, or any part thereof, to be used for purposes
of prostitution
. . .
is guilty of a crime and is liable to imprisonment for
3 years.
Summary conviction penalty: imprisonment for 12 months
and a fine of $12 000.
. . .
(3) Any person who lives wholly or partly on earnings
that the person knows are the earnings of prostitution is guilty of a crime and is liable to imprisonment
for 3 years.
Summary conviction penalty: imprisonment for 12 months
and a fine of $12 000.
S. 191:
Procuring person to be prostitute etc.
(1) Any person who -
(a) Procures a girl or woman who is under the age of
21 years, and is not a common prostitute or of known immoral character to have
unlawful carnal connection with a man, either in Western Australia or
elsewhere; or
(b) Procures a woman or girl to become a common
prostitute either in Western Australia or elsewhere; or
(c) Procures a woman or girl to leave Western
Australia, with intent that she may become an inmate of a brothel, elsewhere;
or
(d) Procures a woman or girl to leave her usual place
of abode in Western Australia, such place not being a brothel, with intent that
she may, for the purposes of prostitution,
become an inmate of a brothel, either in Western Australia or elsewhere; or
(e) Procures a man or boy for any of the above
purposes;
is guilty of a crime, and is liable to imprisonment
for 2 years.
[46]
Legislative Assembly Sept 21
1898 “In the opinion of this House, legislation should be introduced next
Session dealing with the question of the licensing and supervision of houses of
il-fame”
[47]
Dr Judy Edwards MLA
[48]
Beryl Grant, Uniting Church
[49] See Bill: Prostitution
Control Bill 1999 also Progress
of Bill
[50]
Royal Commission Into Whether There Has Been Any Corrupt or Criminal Conduct by
Western Australian Police Officers
[51]
Repealed relevant
provisions of the Police Act 1892 (WA) (ss59, 65(8), 76G, 76F) and the Criminal
Code (WA) (s.209)
[52] Royal Assent April 14 2008
[53] Legislative Assembly: First, Second reading August 29th, Second
Reading Agreed September 26th , Consideration in Detail September 26th,
October 16-18 th , 23rd, Third Reading Nov
13-14th (Passed 29:22 )
Legislative Council: First, Second
Reading November 15th, Second Reading Agreed March 18th
2008, Committee of the Whole March 18th, Third Reading April 1st.
Council amendments agreed to April 3rd. Royal Assent April 14th.
However never proclaimed, and the Labour Government
was defeated in an election on September 6 2008. The Act therefore remains
inoperative.
[54]
Enter 2003 for debates on
abandoned 2003 Prostitution Control Bill
[55] Recommends adoption of New Zealand model
[56] Green Bill for public comment June
14 2011
[57] Reproduced by permission