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Glossary
General Terms
Associate
For prostitution service provider applicants:
For the purposes of making an application to carry on business as a prostitution service provider under the Prostitution Control Act 1994:
A person is an associate of another person if he or she:
(a) Is a spouse or defacto partner of that other person;
(b) Is a business partner of that other person; or,
(c) Has entered into a business arrangement or relationship or a lease with that other person in respect of a prostitution service providing business.
A person is an associate of a body corporate if he or she:
(a) Is a director or secretary of the body corporate or a spouse or defacto partner of such a director or secretary;
(b) Holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the body corporate and thereby is able or will be able to exercise a significant influence over or with respect to the management or operation of that business;
(c) Holds or will hold any relevant position (whether in his or her own right or on behalf of any other person) in the business of the body corporate; or,
(d) Has entered into a business arrangement or relationship or a lease with the body corporate in respect of a prostitution service providing business.
For approved manager applicants:
For the purposes of making an application for approval as a manager of a prostitution service providing business under the Prostitution Control Act 1994:
A person is an associate of another person if he or she:
(a) Is a spouse or defacto partner of that other person;
(b) Is a business partner of that other person; or,
(c) Has entered into a business arrangement or relationship with that other person in respect of a prostitution service providing business.
A person is an associate of a body corporate if he or she:
(a) Is a director or secretary of the body corporate or a spouse or defacto partner of such a director or secretary;
(b) Holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the body corporate and thereby is able or will be able to exercise a significant influence over or with respect to the management or operation of that business;
(c) Holds or will hold any relevant position (whether in his or her own right or on behalf of any other person) in the business of the body corporate; or,
(d) Has entered into a business arrangement or relationship with the body corporate in respect of a prostitution service providing business.
For second-hand dealers and pawnbrokers:
For the purposes of eligibility to be or continue to be registered under the Second-Hand Dealers and Pawnbrokers Act 1998 an associate means:
(a) A spouse or defacto partner of the person;
(b) A business partner of the person; or,
(c) A participant in a business arrangement or relationship with the person in respect of a second-hand dealing or pawnbroking business.
Externally administered body corporate
An externally administered body corporate has the same meaning as in the Corporations Law. This may include a body corporate:
(a) That is being wound up;
(b) In respect of property of which a receiver, or a receiver and manager, has been appointed (whether or not by a court) and is acting;
(c) That is under administration;
(d) That has executed a deed of company arrangement that has not yet terminated; or,
(e) That has entered into a compromise or arrangement with another person the administration of which has not been concluded.
Insolvent under administration
A person who is insolvent under administration is a person:
(a) Who is an undischarged bankrupt;
(b) For whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the debt agreement has not ended or has not been terminated;
(c) Who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the terms of the deed have not been fully complied with; or,
(d) Whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if a final payment has not been made under that composition.
Estate Agents
Approved Branch Manager
Is a person who does not hold an estate agents licence but who is employed as an agent's representative and holds an approval under the Estate Agents Act 1980 which allows him or her to manage a branch office.
Registered Office
Every licensed estate agent must have a physical Registered Office in Victoria.
Tribunal or Court Orders
The register provides information in relation to licensed estate agents or agents representatives who have become the subject of Tribunal or Court Orders as a result of the way in which they have conducted themselves in the course of carrying out their estate agent duties. Generally, these orders come about as a result of disciplinary action taken by Consumer Affairs Victoria.
Penalties can vary depending on the nature of the matter and may result in such things as the cancellation or suspension of an estate agents licence. monetary fines or Conditions being imposed on a licence which may restrict the way in which a person or Company can use their licence or work as an agent's representative.
Prostitution Service Providers
Sexual services
For the purposes of the Prostitution Control Act 1994, sexual services include:
(a) Taking part with another person in an act of sexual penetration;
(b) Masturbating another person; and,
(c) Permitting one or more other persons to view any of the following occurring in their presence:
- Two or more persons taking part in an act of sexual penetration;
- A person introducing (to any extent) an object or a part of their body into their own vagina or anus;
- A person masturbating himself or herself or two or more persons masturbating themselves or each other or one or more of them;
In circumstances where:
- There is any form of direct physical contact between any person viewing the occurrence and any person taking part in the occurrence; or,
- Any person viewing the occurrence is permitted or encouraged to masturbate himself or herself while viewing.
Payment for sexual services
For the purposes of the Prostitution Control Act 1994, payment for sexual services includes any form of commercial consideration. An admission charge constitutes payment if:
(a) Admission to any premises is or may be procured by the payment of an admission fee or charge or the making of a donation of any kind; and;
(b) Sexual services are provided at those premises in the ordinary course of a business without any further payment or reward being sought for the provision of those services.
The payment of the admission fee or charge or the making of the donation must be taken to be payment for the provision of the sexual services, whether or not entertainment or a service of any other kind is provided at those premises without any further payment or reward being sought for it.
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Last Updated: 08/07/2008