BLA - Prostitution service providers

General information | Penalties | Exemptions |

General information
Prostitution is the provision by one person to or for someone else of sexual services in return for payment or reward. The Prostitution Control Act 1994, the Prostitution Control Regulations 2006 and the Health (Infectious Diseases) Regulations 2001 regulate the prostitution industry.

The Prostitution Control Act 1994 aims to:

Protect children from sexual exploitation and coercion;
Lessen the impact of prostitution-related activities on the community;
Ensure criminals are not involved in the prostitution industry;

Ensure brothels are not located in residential areas or in areas frequented by children;
Ensure no one person has at any one time an interest in more than one brothel licence or permit;
Maximise the protection of prostitutes & clients from health risks;
Maximise the protection of prostitutes from violence and exploitation;
Ensure brothels are accessible to law enforcement officers, health workers and other social service providers; and,
Promote the welfare and occupational health and safety of prostitutes.
The Business Licensing Authority administers the Act's licensing and registration provisions.

Prostitution service providers can not run a brothel or escort agency as a business unless licensed or exempt from requiring a licence. Licences are ongoing until suspended, cancelled or surrendered. Licensees cannot transfer their licence to anyone else or allow others to use their licence.

For the latest information on some of the responsibilities and obligations of licensees and approved brothel managers under the Prostitution Control Regulations 206 and the Prostitution Control Act 1994 read "A guide to the Prostitution Control Regulations 2006 for licensees and approved brothel managers"

Brothels
A brothel is run by a person who makes their business premises available for prostitution. Brothels must have a planning permit issued by the local council to operate. Only licensed prostitution service providers can apply for a planning permit, unless they are exempt under the Act.

Escort agencies
Escort agencies provide prostitution services to people at premises not made available by the agency. Escort agency premises can only be used only as an office. Check with your local council regarding individual planning permit requirements.

Penalties

Prostitution service providers who trade without a licence risk a fine of 600 penalty units (one penalty unit = $110.20) and/or five years' imprisonment, unless they are exempt under the Act;
Escort agencies risk a fine of 60 penalty units if prostitution occurs on their premises; and,
Prostitution service providers who trade in partnership or association with an unlicensed person risk a fine of 120 penalty units fine and/or 12 months' imprisonment.

Exemptions
If only one or two people wish to work as prostitutes in their own escort agency or brothel business and not employ other prostitutes, they do not need to hold a licence. Premises used to run a brothel business must have a valid planning permit. Note:

Before you commence operation, you must forward a Registration of small owners - operated Brothel/Escort Agency form to the Business Licensing Authority, whichever is appropriate. There is no charge for registration.
You do not need to give the Business Licensing Authority notice of commencing to operate as an exempt prostitution service provider in order to be employed or work for a licensed prostitution service provider who operates a brothel or escort agency.
If you wish to be employed as the manager of a brothel, you must forward an Application for Brothel Manager Approval form.

Contact us to establish if your possible employer is a licensed prostitution service provider. Seek legal advice if uncertain whether or not you need a licence.

Australian Corporations Legislation
If you intend to operate a business through a company, you need to be aware of both the Director's and Company Secretary's responsibilities under the Australian Corporations Legislation. Visit the Australian Securities & Investments Commission website to find out more about the legislation requirements.

Select a scenario to quickly go to an area that might be of interest.

Becoming an approved manager.
Getting a prostitution service provider's licence.
Ongoing responsibilities.
Business Licensing Authority Glossary.
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Last Updated: 08/07/2008