What it does
This schedule sets out a short, prescriptive Code for live adult entertainment that links directly into the Liquor Act 1992 and the Criminal Code. Mechanically, it does three things. First, it defines key terms that determine when an activity is covered as adult entertainment on licensed premises or premises to which a general purpose permit or restricted club permit relates under an adult entertainment permit (see sch.1-sec Interpretation, sch.1-sec-ssec.1 to ssec.11). Second, it prescribes the specific behaviours that are treated as relevant for the purposes of section 103N of the Liquor Act 1992, identifying a set of acts an adult entertainer must not perform as part of permitted adult entertainment (see sch.1-sec-oc.3, sch.1-sec-oc.3-ssec.14). Third, it declares how the Code sits with the Liquor Act 1992, the Liquor Regulation 2002 and the Criminal Code, with those enactments prevailing in the event of inconsistency (see sch.1-sec-oc.2, sch.1-sec-oc.2-ssec.12-13).
The schedule prescribes that “adult entertainer” means the person performing an act of an explicit sexual nature as live entertainment on premises covered by an adult entertainment permit (sch.1-sec-ssec.1). It then states that “adult entertainment does not include the performance of sexual intercourse, masturbation, or oral sex” (sch.1-sec-ssec.2). Separately, the Code lists a set of specific behaviours that the prescribed “act of an explicit sexual nature” must not include when performed by an adult entertainer, for example touching genitalia or anus, allowing audience contact, or soliciting commercial sexual services (sch.1-sec-oc.3, sch.1-sec-oc.3-ssec.14). The schedule also supplies working definitional content for terms such as genitalia, masturbation, oral sex, penis, vagina, sexual intercourse and object (sch.1-sec-ssec.5-11).
The schedule does not itself specify penalty levels or an enforcement regime; rather it cross-references the Liquor Act 1992 and the Criminal Code and states that entertainment of an explicit sexual nature performed without an adult entertainment permit may be subject to prosecution if it amounts to a criminal offence (sch.1-sec-ssec.4; sch.1-sec-oc.2-ssec.13). Practically, the schedule functions as a set of behavioural boundaries for adult entertainers and for licence/permit holders who offer live adult entertainment on licensed premises, with enforcement and penalties coming from the Liquor Act, the Liquor Regulation or the Criminal Code where applicable.