Prostitution Act 2000 (Western Australia)

This Act creates a statutory framework of criminal offences, police powers, evidentiary presumptions, and civil-law restraining-order remedies directed at prostitution and, separately, prostitution involving children. Mechanically the Act does the following.

Defines prostitution and related terms (sections 3 and 4). The Act limits the statutory meaning of prostitution to paid sexual stimulation by physical contact or contact with anything controlled by or emanating from a person, and makes payment, in money or otherwise, an element (s 4).
Creates public-order offences for solicitation in or in view or within hearing of a public place, with distinct provisions depending on whether the person sought or the client is a child (s 5, s 6). Section 5 is framed as an offence of seeking a prostitute; section 6 as seeking a client.
Creates substantive criminal offences to induce another to act as a prostitute by force, threats, intimidation, supplying a prohibited drug or fraudulent means (s 7). This is a crime with penalties up to 10 years imprisonment (s 7).
Requires prophylactic use during an act of prostitution, enforced by a monetary penalty (s 8).
Prohibits publication intended to induce people to seek employment in prostitution, with a financial penalty (s 9), and bans specified sponsorship arrangements promoting a person or business as involving prostitution (s 10).
Criminalises obstructing police functions under the Act, contravening police move-on directions, and failing to comply with certain police requirements to produce documents or answer questions (s 11, s 12, s 13). These carry fines or imprisonment; refusal to answer or produce documents is penalised but subject to limited protections for self-incrimination and legal professional privilege (s 13(3)-(4)).

CrestWestern Australia

Prostitution Act 2000

Western Australia

Prostitution Act 2000

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Prostitution 3

Part 2 — General provisions about prostitution

Division 1 — Persons generally

Seeking prostitute in or in view or within hearing of public place 4
Seeking client in or in view or within hearing of public place 5
Seeking to induce person to act as prostitute 6
Prophylactic to be used 6
Promoting employment in prostitution industry 6
Prohibition of certain sponsorships 7
Hindering performance of functions 7
Contravening direction by police to move on 8
Failure to comply with certain police requirements 8

Division 2 — Prostitutes

Section 14 offence 9
Acting as prostitute for child 9

Part 3 — Other provisions about children

Causing, permitting, or seeking to induce child to act as prostitute 10
Obtaining payment for prostitution by child 10
Agreement for prostitution by child 10
Child not to seek services of prostitute 10
Prostitution at place where child present 11
Allowing child to be at place involving prostitution 12

Part 4 — Provisions for police

Terms used 13
Powers to obtain information 13
Police may direct person to move on 15
Detention, search and seizure without warrant 15
Entry of, and seizure at, place of business without warrant 16
Search and seizure with warrant 16
Warrant may be obtained remotely 17
Provisions about searching person 18
Retaining something seized but not forfeited 20
Forfeiture and delivery on conviction 20
Forfeiture and delivery other than on conviction 21
Disposal of thing forfeited 22
Powers to assist seizing things 23
Commissioner may delegate function 23

Part 5 — Restraining orders

Restraining order to prevent further offence 24
Restraining order against person who could be required to move on 24
Provisions about making order 24
Terms of restraining order 25
Duration of restraining order 26
Variation or cancellation 26
Court to notify parties of decision 28
When cancellation takes effect 28
Provisions about children 28
Breach of restraining order 29
Appeals 29
Order not to conflict with family order 30

Part 6 — Evidence

Accused presumed to know if person is a child 31
Person residing with child prostitute presumed to receive payment 31
Accused presumed to have allowed presence of child 31
Intention presumed in some cases 31
Averment that prostitution business carried on 32

Part 7 — Miscellaneous

Legal proceedings 33
Protection of certain persons 33
Exchange of information between State authorities 33
Confidentiality 35
Liability of officers for offence by body corporate 35
Regulations 36
Regulations relating to restraining order applications 36

Schedule 1 — Offence history that may be an element of a section 14 offence

Notes

Compilation table 39

Uncommenced provisions table 40

Other notes 41

Defined terms

Western Australia

Prostitution Act 2000

An Act to make provisions about prostitution and for related purposes, and to amend certain other Acts 1.

Part 1 — Preliminary

1. Short title

This Act may be cited as the Prostitution Act 2000.

2. Commencement

This Act comes into operation on a day fixed by proclamation.

3. Terms used

In this Act, unless the contrary intention appears —

act as a prostitute means to take part, as a prostitute, in an act of prostitution;

act of prostitution means anything the doing of which amounts to prostitution;

child means a person whose age is less than 18 years;

client has the meaning given to that term in section 4;

Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;

document includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;

place means anywhere at all, and includes anywhere in or on something that is moving or can move;

prohibited drug has the meaning given to that term by section 3 of the Misuse of Drugs Act 1981;

prostitute has the meaning given to that term in section 4;

prostitution has the meaning given by section 4;

public place means —

(a) any place to which the public, or any section of the public, have or are permitted to have access whether on payment or otherwise; or

(b) a school, university or other place of education, other than a part of it to which neither students nor the public usually have access; or

(c) a privately owned place that is unoccupied or is occupied by a person who is not the owner and does not have the authority of the owner.

4. Prostitution

When this Act refers to prostitution it means prostitution in which payment is consideration for the sexual stimulation of a person (the client) by means of physical contact between the client and another person (the prostitute), or between either of them and anything controlled by or emanating from the other, and it is irrelevant whether payment is in money or any other form.

Part 2 — General provisions about prostitution

Division 1 — Persons generally

5. Seeking prostitute in or in view or within hearing of public place

(1) A person who, in or in the view or within hearing of a public place, seeks another person to act as a prostitute commits an offence under this subsection.

(2) The offence under subsection (1) is a crime if the person whom the offender seeks to act as a prostitute, or any of them if there are more than one, is a child.

(3) A person who commits an offence under subsection (1) is liable —

(a) if it is a simple offence, to imprisonment for 2 years;

(b) if it is a crime, to imprisonment for 7 years.

(4) For the purposes of subsection (1), a person (in this section called the offender) seeks another person to act as a prostitute if the offender —

(a) invites or requests another person to act as a prostitute; or

(b) loiters in or frequents a place for the purpose of, or with the intention of —

(i) inviting or requesting another person to act as a prostitute; or

(ii) receiving an invitation for another person to act as a prostitute.

(5) It makes no difference —

(a) whether or not the offender is the prospective client; or

(b) whether or not a particular person is sought to act as a prostitute; or

(c) whether the offender makes or intends to make the invitation or request directly or through someone else to, or intends to receive the invitation directly or through someone else from, the person whom the offender seeks to act as a prostitute.

6. Seeking client in or in view or within hearing of public place

(1) A person who, in or in the view or within hearing of a public place, seeks another person to be a prostitute’s client commits an offence under this subsection.

(2) A person who commits an offence under subsection (1) is liable —

(a) if the person whom the offender seeks to be a prostitute’s client, or any of them if there are more than one, is a child, to imprisonment for 3 years;

(b) in any other case, to imprisonment for one year.

(3) For the purposes of subsection (1), a person (in this section called the offender) seeks another person to be a prostitute’s client if the offender —

(a) invites or requests another person to be a prostitute’s client; or

(b) loiters in or frequents a place for the purpose of, or with the intention of —

(i) inviting or requesting another person to be a prostitute’s client; or

(ii) receiving an invitation for another person to be a prostitute’s client.

(4) It makes no difference —

(a) whether or not the offender, or any particular person, is the prospective prostitute; or

(b) whether or not a particular person is sought to be a client; or

7. Seeking to induce person to act as prostitute

(1) A person is not to —

(a) assault or threaten to assault anyone; or

(b) intimidate anyone; or

(d) make a false representation or use any false pretence or other fraudulent means; or

(e) do anything else, or refrain from doing anything,

with the intention of inducing another person who is not a child to act, or continue to act, as a prostitute.

(2) An offence under subsection (1) is a crime.

Penalty: Imprisonment for 10 years.

Summary conviction penalty: Imprisonment for 3 years.

8. Prophylactic to be used

It is an offence for a person to engage in an act of prostitution without using a prophylactic that is appropriate for preventing the transmission of bodily fluid from one person to another.

Penalty: $5 000.

9. Promoting employment in prostitution industry

A person is not to publish or cause to be published a statement that is intended or likely to induce a person to —

(a) seek employment as, or act as, a prostitute; or

(b) seek employment in any other capacity in any business involving the provision of prostitution.

Penalty: $50 000.

10. Prohibition of certain sponsorships

(1) A person is not, in Western Australia, to promote or publicize, or agree to promote or publicize —

(a) any person as a prostitute; or

(b) any business involving prostitution,

under a contract, or an arrangement (whether or not legally binding), under which a sponsorship is provided, or to be provided, by another person.

(2) A person (whether inside or outside Western Australia) is not to provide, or agree to provide, in Western Australia a sponsorship under a contract or arrangement of a kind referred to in subsection (1).

(3) In this section —

sponsorship includes —

(a) a scholarship, prize, gift or other like benefit; and

(b) any financial arrangement (other than a bona fide contract of employment or a bona fide contract for services) for directly promoting or publicizing a person or business as referred to in subsection (1)(a) or (b) through any medium.

Penalty: $50 000.

11. Hindering performance of functions

A person is not to delay, obstruct or otherwise hinder a police officer or any other person in the performance of any function under this Act.

Penalty: Imprisonment for 2 years.

12. Contravening direction by police to move on

A person is not to, without lawful excuse, contravene a direction given under section 24.

Penalty: For a first offence, $6 000.

For a subsequent offence, imprisonment for one year.

[Section 12 amended: No. 50 of 2003 s. 87(2).]

13. Failure to comply with certain police requirements

(1) A person is not to, without lawful excuse, refuse or fail to produce a document or other thing as required under section 23.

(2) A person is not to, without lawful excuse, refuse or fail to answer a question or otherwise give information when required to do so under section 23.

Penalty: For an offence against subsection (1) or (2), imprisonment for 2 years.

(3) Where an individual is required under section 23 to answer a question or otherwise give information or produce anything neither —

(a) an answer given by the individual that was given to comply with the requirement;

(b) the fact that any information that was given by the individual to comply with the requirement was given; nor

is admissible in evidence in any civil or criminal proceedings against the individual other than proceedings for perjury or for an offence arising from the false or misleading nature of the answer or information given.

(4) Nothing in this Act prevents —

(a) an individual from refusing to answer a question or otherwise give information or produce a document or other thing because the answer or information might, or the document or thing contains information that might, incriminate the individual or render the individual liable to a penalty; or

(b) a person refusing to answer a question or otherwise give information or produce a document or other thing because the answer or information would relate to, or the document or thing contains information in respect of which the person claims legal professional privilege.

Division 2 — Prostitutes

14. Section 14 offence

A person who acts as a prostitute commits an offence under this section if —

(a) the person is a child; or

(b) the person has been declared under section 32A of the Misuse of Drugs Act 1981 to be a drug trafficker; or

Penalty: Imprisonment for 2 years.

15. Acting as prostitute for child

A person who acts as a prostitute for a client who is a child commits an offence under this section.

Penalty: Imprisonment for 9 months.

[Section 15 amended: No. 50 of 2003 s. 87(3).]

Part 3 — Other provisions about children

16. Causing, permitting, or seeking to induce child to act as prostitute

(1) A person is not to cause or permit a child to act, or continue to act, as a prostitute.

(2) A person is not to do anything with the intention of inducing a child to act, or continue to act, as a prostitute.

(3) An offence under subsection (1) or (2) is a crime.

Penalty: Imprisonment for 14 years.

17. Obtaining payment for prostitution by child

(1) A person is not to receive a payment, in money or any other form, knowing that it or any part of it has been derived, directly or indirectly, from a child taking part in an act of prostitution, whether as a prostitute or as a client.

Penalty: Imprisonment for 14 years.

(2) An offence under subsection (1) is a crime.

(3) A person has a defence to a charge of an offence under subsection (1) if it is proved that the payment was received in the ordinary course of a business unrelated to prostitution.

18. Agreement for prostitution by child

(1) A person is not to enter into, or offer to enter into, an agreement under which a child is to act as a prostitute, whether for that person or anyone else.

Penalty: Imprisonment for 14 years.

(2) An offence under subsection (1) is a crime.

19. Child not to seek services of prostitute

(1) A child is not to seek another person to act as a prostitute.

Penalty: $6 000.

(2) For the purposes of subsection (1), a child seeks another person to act as a prostitute if the child —

(a) invites or requests another person to act as a prostitute; or

(b) loiters in or frequents a place for the purpose of, or with the intention of —

(i) inviting or requesting another person to act as a prostitute; or

(ii) receiving an invitation for another person to act as a prostitute.

(3) It makes no difference —

(a) whether or not the child is the prospective client; or

(b) whether or not a particular person is sought to act as a prostitute; or

(c) whether the child makes or intends to make the invitation or request directly or through someone else to, or intends to receive the invitation directly or through someone else from, the person whom the child seeks to act as a prostitute.

[Section 19 amended: No. 50 of 2003 s. 87(4).]

20. Prostitution at place where child present

(1) A person who takes part, whether as a prostitute or as a client, in an act of prostitution at a place where the person knows that a child is present commits an offence under this section.

Penalty:

(a) for a first offence — $25 000;

(b) for any subsequent offence — imprisonment for 2 years.

(2) For the purposes of subsection (1), the place extends as far as the limits up to which either a prostitute or a client taking part in the act of prostitution exercises, or is able to exercise, control over who is allowed to be there.

(3) It makes no difference whether control is, or is able to be, exercised solely or in common with others.

21. Allowing child to be at place involving prostitution

A person who allows a child to enter or remain at a place at which the person knows or could be reasonably expected to know —

(a) an act of prostitution is taking place; or

(b) a business involving more than one prostitute in the provision of prostitution is being carried on,

commits an offence under this section.

Penalty:

(a) for a first offence — $25 000;

(b) for any subsequent offence — imprisonment for 2 years.

Part 4 — Provisions for police

22. Terms used

(1) In this Part —

Commissioner means the Commissioner of Police;

conveyance means anything used or capable of being used to transport people or goods by air, land, or water, and it does not matter how it is propelled or that it may ordinarily be stationary;

juvenile justice team means a juvenile justice team under Part 5 Division 2 of the Young Offenders Act 1994;

offence means an offence under this Act.

(2) For the purposes of this Part a person is lawfully entitled to possess something if —

(a) the person owns it or is authorised by the owner to possess it; and

(b) the possession is not prohibited by law or is authorised, justified or excused by law.

23. Powers to obtain information

(1) A police officer may, for the purpose of performing any function in respect of an offence under section 7 or any offence involving a child —

(a) require a person to produce to the police officer any document or other thing that is in the possession or under the control of the person; and

(b) inspect any document or other thing produced to the police officer and retain it for such reasonable period as the police officer thinks fit, and make copies of a document or any of its contents; and

(i) to give the police officer such information as the police officer requires; and

(ii) to answer any question put to that person.

(2) A requirement made under subsection (1) to produce a document or other thing —

(a) is to be made in writing given to the person required to produce the document or other thing; and

(b) is to specify the time at or within which the document or other thing is to be produced; and

(c) may, by its terms, require that the document or other thing required be produced at a place and by means specified in the requirement; and

(d) where the document required is not in a readable format, is to be treated as a requirement to produce —

(i) the document itself; and

(ii) the contents of the document in a readable format.

(3) A requirement made under subsection (1) to give information or answer a question —

(a) may be made orally or in writing served on the person required to give information or answer a question, as the case may be; and

(b) is to specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and

(i) be given orally or in writing;

(ii) be given at or sent or delivered to a place specified in the requirement;

(iii) in the case of written information or answers, be sent or delivered by means specified in the requirement;

(iv) be verified by statutory declaration.

(4) If under subsection (1) the police officer requires a person to give information or answer a question, the police officer is to inform the person that the person is required under this Act to give the information or answer the question.

24. Police may direct person to move on

A police officer who has reason to suspect that a person has committed, or intends to commit, an offence in or in the view or within hearing of a public place may, in writing in a form approved by the Commissioner, direct the person to move away from that place and a surrounding area specified in the direction, and stay away from it for a period of not more than 24 hours specified in the direction.

25. Detention, search and seizure without warrant

(1) A police officer may without a warrant stop, detain and search anyone whom the police officer suspects on reasonable grounds to be —

(a) committing an offence; or

(b) carrying anything that will afford evidence as to the commission of an offence.

(2) A police officer may without a warrant stop, detain and search any conveyance where the police officer suspects on reasonable grounds that there is —

(a) anyone who is committing an offence; or

(b) anything that will afford evidence as to the commission of an offence.

(3) The power to stop and detain a conveyance includes the power to detain anyone in or on the conveyance for as long as is reasonably necessary to search the conveyance even though, until the conveyance has been searched, the person may not be suspected of anything because of which the person can be detained under subsection (1).

(4) A police officer may without a warrant seize anything that the police officer suspects on reasonable grounds will afford evidence as to the commission of an offence.

26. Entry of, and seizure at, place of business without warrant

(1) A police officer may, without a warrant, at any time, enter any place at or from which a business involving the provision of prostitution is being, or is suspected of being, carried on and inspect any articles and records kept there.

(2) Subsection (1) does not apply unless the police officer has reason to believe that an offence under section 7 or any offence involving a child has been, is being or may be committed.

(3) A police officer who has entered a place under subsection (1) may —

(a) search the place; and

(b) stop, detain and search anyone at the place; and

(c) seize anything that the police officer suspects on reasonable grounds will afford evidence as to the commission of an offence.

(4) A police officer may use any force that is reasonably necessary in exercising powers given by subsections (1) and (3).

27. Search and seizure with warrant

(1) If a justice is satisfied that there are reasonable grounds for suspecting that there is in a place anything that will afford evidence as to the commission of an offence, the justice may grant a warrant of search and seizure in relation to that place.

(2) A warrant under subsection (1) authorises any police officer at any time, with such assistance as the police officer thinks necessary and with such force as is reasonably necessary —

(a) to enter the place at any time; and

(b) to search the place; and

(d) to seize anything that the police officer suspects on reasonable grounds will afford evidence as to the commission of an offence.

(3) The authority given by a warrant lapses at the end of a period of 30 days after it was granted and, until it lapses or the purpose for which it was given is satisfied, the authority it gives may be exercised from time to time unless the warrant expressly limits that authority.

28. Warrant may be obtained remotely

(1) An application for a warrant under section 27 may be initially submitted by telephone, fax, radio or another form of communication if the applicant considers it necessary because of urgent circumstances or the applicant’s remote location.

(2) Before submitting an application under this section, the applicant is to prepare a written application setting out the grounds for seeking the warrant and describing the place to which the warrant relates.

(3) If an application is submitted under this section, the information in the written application required by subsection (2) is to be verified by affidavit and, if it is necessary to do so, the application may be submitted before the affidavit has been sworn.

(4) When issuing a warrant upon an application submitted under this section, the justice is to —

(a) complete and sign the warrant; and

(b) inform the applicant of the terms of the warrant and the date on which and the time at which it was signed; and

(d) send a copy of the warrant to the applicant.

(5) If a warrant is issued upon an application submitted under this section, the applicant may complete a form of warrant in the terms indicated by the justice under subsection (4)(b) if the applicant writes on it the name of the justice who issued the warrant and the date on which, and the time at which, it was signed.

(6) If the applicant completes a form of warrant in accordance with subsection (5), the applicant is to send to the justice who signed the warrant, not later than the day next following the day on which the warrant ceases to have effect, the form of warrant completed by the person and the affidavit sworn in connection with the warrant.

(7) On receiving the documents referred to in subsection (6), the justice is to attach them to the warrant signed by the justice and deal with the documents in the manner in which the justice would have dealt with the affidavit if the application for the warrant had not been submitted under this section.

(8) A form of warrant completed in accordance with subsection (5) is to be regarded as the warrant itself.

29. Provisions about searching person

(1) A police officer cannot carry out a search of a person under this Part unless of the same sex as the person searched.

(2) If a police officer of the same sex as the person to be searched is not immediately available to carry out the search, another police officer may —

(a) cause the search to be carried out, under the direction of a police officer, by another person of the same sex as the person to be searched; or

(b) detain the person for as long as is reasonably necessary for the person to be searched in accordance with this section; or

(3) Nothing in this Part authorises a search by way of an examination of the body cavities of a person unless it is carried out under subsection (5) by a medical practitioner or a registered nurse.

(4) A police officer may arrange for a medical practitioner or registered nurse nominated by the police officer to examine the body cavities of the person to be searched and may —

(a) detain the person until the arrival of that medical practitioner or registered nurse; or

(b) convey or conduct the person to that medical practitioner or registered nurse.

(5) A medical practitioner or registered nurse may carry out an examination arranged by a police officer under subsection (4) and no action lies against the medical practitioner or registered nurse in respect of anything reasonably done for the purposes of the examination.

(6) A police officer may use any force that is reasonably necessary, and may call on any assistance necessary, in order to perform a function under this section.

(7) In this section —

medical practitioner means a person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

registered nurse means a person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession whose name is entered on Division 1 of the Register of Nurses kept under that Law as a registered nurse.

[Section 29 amended: No. 50 of 2006 Sch. 3 cl. 18; No. 22 of 2008 Sch. 3 cl. 48; No. 35 of 2010 s. 139; No. 4 of 2018 s. 116.]

30. Retaining something seized but not forfeited

(1) This section applies to anything seized under this Act that —

(a) is not forfeited to the Crown; and

(b) a court has not ordered to be delivered to a person under section 31(1)(b) or 32(6).

(2) A police officer may retain anything to which this section applies if —

(a) it is required —

(i) for the investigation of an offence or the prosecution of someone for an offence; or

(ii) for the purposes of a matter that is being dealt with by a juvenile justice team;

(b) no person has satisfied the Commissioner that the person is lawfully entitled to possess it.

(3) Anything to which this section applies that cannot be retained under subsection (2) is to be returned to the person from whom it was seized.

31. Forfeiture and delivery on conviction

(1) A court convicting a person of an offence may order that —

(a) anything relating to the offence, whether or not it has been seized and retained by a police officer under this Act, is forfeited to the Crown;

(b) anything relating to the offence that has been seized and retained by a police officer under this Act be delivered to another person who is lawfully entitled to possess it.

(2) A person claiming to be lawfully entitled to possess anything in respect of which an order may be made under subsection (1)(b) may, in connection with the making of an order —

(a) be heard in the proceedings for the offence; and

(b) make an application under section 71 of the Criminal Procedure Act 2004 as if the person were a party to the prosecution for the offence; and

[Section 31 amended: No. 59 of 2004 s. 141; No. 84 of 2004 s. 78.]

32. Forfeiture and delivery other than on conviction

(1) A person claiming to be lawfully entitled to possess anything seized and retained under this Act may, if the application is not prevented by subsection (2) and the last day for applying has not passed, apply to the Magistrates Court for an order that the thing be delivered to the person.

(2) An application cannot be made under subsection (1) for an order for the delivery of anything if —

(a) an order has been made under section 31(1) for its forfeiture or delivery; or

(b) a relevant juvenile justice team matter that has commenced has not been finally disposed of by the team; or

(3) In subsection (2) —

relevant charge means a charge of an offence to which the thing that was seized relates;

relevant juvenile justice team matter means a matter to which the thing that was seized relates that is or was being dealt with by a juvenile justice team.

(4) The last day for applying for an order under subsection (1) is the 21st day after the day on which the thing was seized unless the last day for applying is postponed by subsection (5).

(5) If, for any part of the time when an application could otherwise be made in accordance with subsection (4), the making of the application is prevented by subsection (2)(b) or (c), the last day for applying (whether under subsection (4) or as postponed by this subsection) is postponed until the 21st day after the day on which the making of the application ceases to be prevented by subsection (2)(b) or (c).

(6) On an application under subsection (1), the court may order that the thing seized be delivered to the person making the application if the court is satisfied on the balance of probabilities that the person is lawfully entitled to possess it.

(7) The court may adjourn the application if it is satisfied that the thing seized should, for the time being, continue to be retained because it is required for a reason described in section 30(2)(a).

(8) If the last day for applying under subsection (1) for an order for the delivery of a thing has passed and either no application has been made or each application made has been dealt with without ordering that the thing be delivered to a person, that thing is forfeited to the Crown.

[Section 32 amended: No. 59 of 2004 s. 141.]

33. Disposal of thing forfeited

(1) If anything is forfeited to the Crown under this Act, the Commissioner may direct that it be sold, destroyed, or otherwise disposed of, as the Commissioner thinks fit, unless subsection (2) prevents the Commissioner from giving the direction.

(2) If anything is forfeited to the Crown —

(a) by an order under section 31(1)(a); or

(b) after an order dismissing an application under section 32(1),

the Commissioner is not to give a direction under subsection (1) before the expiration of the time allowed for instituting an appeal against the order or, if an appeal is lodged within that time, before the determination of the appeal.

34. Powers to assist seizing things

Sections 146 to 150 of the Criminal Investigation Act 2006, with any necessary changes, apply to and in respect of seizing a thing that is or may be seized under this Act.

[Section 34 inserted: No. 59 of 2006 s. 72.]

[35. Deleted: No. 55 of 2012 s. 123.]

36. Commissioner may delegate function

The Commissioner may by instrument in writing delegate a function conferred on the Commissioner under this Part other than this power of delegation.

[Section 36 amended: No. 55 of 2012 s. 124.]

Part 5 — Restraining orders

37. Restraining order to prevent further offence

If a court finds that a person has committed an offence under section 5 or 6 or any other offence under this Act prescribed for the purposes of this section by the regulations and the court is satisfied that, unless restrained, the person is subsequently likely to commit an offence of a similar kind, the court may make a restraining order if it considers that making the order would be appropriate in the circumstances.

38. Restraining order against person who could be required to move on

(1) If circumstances arise that would give sufficient grounds for a police officer to give a person a direction under section 24 and that person has previously been given a direction under that provision, the police officer may apply for a restraining order against the person.

(2) The application is to be made —

(a) if the person against whom the order is sought is a child, to the Children’s Court; or

(b) otherwise, to the Magistrates Court.

(3) If the court to which the application is made considers it appropriate in the circumstances to do so, it may make a restraining order.

[Section 38 amended: No. 59 of 2004 s. 141.]

39. Provisions about making order

(1) A court is not to make a restraining order against a person under this Part unless the person has been given an opportunity to be heard on the matter.

(2) If a restraining order has been, or is about to be, made against a person under this Part and the person is present, the court may, in order to facilitate service of the restraining order, order the person to remain in a place designated by the court for a period of not more than one hour until the order is served on the person.

40. Terms of restraining order

(1) If the restraining order is made under section 37, it may impose any restraints on the lawful activities and behaviour of the person against whom it is made that the court considers appropriate to prevent the person from subsequently committing an offence similar in kind to the offence the person is found to have committed or from subsequently giving a police officer grounds for giving the person a direction under section 24.

(2) If the restraining order is made under section 38, it may impose any restraints on the lawful activities and behaviour of the person against whom it is made that the court considers appropriate to prevent the person from subsequently giving a police officer grounds for giving the person a direction under section 24.

(3) Without limiting the restraints that may be imposed, the order may restrain the person against whom it is made from —

(a) being on or near specified premises or in a specified locality or place;

(b) engaging in behaviour of a specified kind, either at all or in a specified place, at a specified time, or in a specified manner.

(4) A restraint may be imposed absolutely or on any terms the court considers appropriate.

(5) A restraining order may restrain the person against whom it is made from entering or remaining in a place, or restrict the person’s access to a place, even if the person has a legal or equitable right to be there.

41. Duration of restraining order

(1) A restraining order takes effect when it is served on the person against whom it is made or, if a later time is specified in the order, at that time.

(2) Unless it is cancelled sooner, a restraining order remains in effect for the period specified in the order or, if no period is specified, for one year from the day on which it took effect.

42. Variation or cancellation

(1) An application for the court to vary or cancel a restraining order may be made by a police officer nominated by the Commissioner of Police or, with the leave of the court, by the person against whom the order was made.

(2) The application is to be made —

(a) if the person against whom the order was made is a child, to the Children’s Court; or

(b) otherwise, to the Magistrates Court,

and is to be accompanied by an affidavit in support of the application.

(3) If subsection (1) requires the leave of the court for an application to be made, an application seeking leave is to be accompanied by an affidavit disclosing all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.

(4) Neither the application nor the affidavit are to be served on the person upon whose application the restraining order was made (in this section called the respondent) unless the court orders under subsection (6) that they are to be served on the respondent.

(5) Even though the giving of leave may not be prevented by subsection (7), the court may refuse the application for leave if it considers that —

(a) the affidavit does not disclose everything required by subsection (3) to be disclosed; or

(b) the facts disclosed by the affidavit do not give sufficient reason to vary or cancel the restraining order.

(6) Before the court grants an application for leave it is to —

(a) order that a copy of the application and accompanying affidavit be served on the respondent; and

(b) give the respondent an opportunity to oppose the application for leave.

(7) Leave is not to be given unless the court is satisfied there has been a substantial change in the relevant circumstances since the restraining order was made.

(8) The person against whom the order was made and the respondent are to be given an opportunity to be heard at the hearing of an application to vary or cancel a restraining order.

(9) At the hearing of the application to vary or cancel a restraining order, the court may receive as evidence any record of evidence given or affidavit filed in connection with an application for leave mentioned in subsection (3).

(10) The court may dispose of the application to vary or cancel a restraining order by —

(a) dismissing the application; or

(b) making a new restraining order in addition to the original restraining order; or

(11) Anything in this Part that applies to a restraining order made in the first instance also applies to a new restraining order made under this section.

[Section 42 amended: No. 59 of 2004 s. 141.]

43. Court to notify parties of decision

If a person who was entitled to be given an opportunity to be heard was not present when the court disposed of the application to vary or cancel a restraining order, the clerk is to notify the person of how the application was disposed of.

44. When cancellation takes effect

The cancellation of a restraining order has effect —

(a) if another restraining order is made when the original order is cancelled, at the time the new order takes effect; or

(b) otherwise, at the conclusion of the hearing at which the order was cancelled.

45. Provisions about children

(1) No restraining order is to be made against a child whose age is less than 10 years.

(2) In an application to vary or cancel a restraining order against a child, section 45 of the Young Offenders Act 1994 applies as if the matter were proceedings for an offence.

(3) If the Children’s Court hears an application for a restraining order under section 38 against a person or an application to vary or cancel a restraining order against a person in the belief that the person is a child when in fact the person is not a child —

(a) as soon as it becomes aware the person is not a child, the Children’s Court is to transfer the matter to the Magistrates Court; and

(b) the Children’s Court proceedings are not, for that reason, invalidated; and

(c) an order made by the Children’s Court before it became aware the person was not a child, is as valid and has the same effect as if it had been made by the Magistrates Court.

(4) If the Magistrates Court hears an application for a restraining order under section 38 against a person or an application to vary or cancel a restraining order against a person in the belief that the person is not a child when in fact the person is a child —

(a) as soon as it becomes aware the person is a child, the Magistrates Court is to transfer the matter to the Children’s Court; and

(b) the Magistrates Court proceedings are not, for that reason, invalidated; and

(c) an order made by the Magistrates Court before it became aware the person was a child, is as valid and has the same effect as if it had been made by the Children’s Court.

(5) If a court transfers a matter to another court under this section, the registrar of each court is to give effect to the transfer.

[Section 45 amended: No. 59 of 2004 s. 141.]

46. Breach of restraining order

A person against whom a restraining order was made under this Part who contravenes the order commits an offence.

Penalty: $5 000.

47. Appeals

(1) A person aggrieved by the decision of a court relating to a restraining order under this Part may appeal against that decision in accordance with this section.

(2) If the decision was made by the Magistrates Court, the appeal is to be made in accordance with Part 7 of the Magistrates Court (Civil Proceedings) Act 2004.

(3) If the decision was made by the Children’s Court when constituted so as not to consist of or include a Judge, the appeal is to be made to the Supreme Court in accordance with section 41 of the Children’s Court of Western Australia Act 1988 as if the decision were a decision within the meaning of section 41(2) of that Act.

(4) If the decision was made by the Children’s Court when constituted so as to consist of or include a Judge, the appeal is to be made to the Court of Appeal in accordance with section 43 (other than subsections (2) and (3)) of the Children’s Court of Western Australia Act 1988 as if the decision were a decision within the meaning of section 43(3b) of that Act.

(5) If the decision was made by the District Court, the appeal is to be made to the Court of Appeal in accordance with section 79(1)(a) of the District Court of Western Australia Act 1969.

(6) If the decision was made by a Judge of the Supreme Court, the appeal is to be made to the Court of Appeal in accordance with section 58 of the Supreme Court Act 1935.

[Section 47 amended: No. 45 of 2004 s. 37; No. 59 of 2004 s. 141.]

48. Order not to conflict with family order

(1) If a court does not have jurisdiction to adjust a family order the court is not to make a restraining order that conflicts with that family order.

(2) In this section —

family order has the same meaning as it has in the Restraining Orders Act 1997.

Part 6 — Evidence

49. Accused presumed to know if person is a child

If, in proceedings for an offence under this Act, it is relevant whether or not a person was a child, it is to be conclusively presumed that the accused knew that the person was a child unless it is proved that, having taken all reasonable steps to find out the age of the person concerned, the accused believed on reasonable grounds, at the time the offence is alleged to have been committed, that the age of the person concerned was at least 18 years.

50. Person residing with child prostitute presumed to receive payment

If in a proceeding for an offence under section 17(1) it is proved that, at the time of the offence, the accused was residing with a prostitute who was a child, the accused is presumed to be guilty of the offence unless the contrary is proved.

51. Accused presumed to have allowed presence of child

If, in proceedings for an offence under section 21, it is proved that a child was at a place at a particular time, the accused is conclusively presumed to have allowed the child to enter or remain at the place unless it is proved that the accused did not know, and could not reasonably have known, that a child was at the place at that time.

52. Intention presumed in some cases

(1) A person loitering in or frequenting a place in circumstances giving reasonable grounds for suspecting that the person had an intention described in section 5(4)(b) or 6(3)(b) is to be presumed to have had that intention unless the contrary is proved.

(2) A person doing anything in circumstances giving reasonable grounds for suspecting that the person had an intention described in section 16(2) is to be presumed to have had that intention unless the contrary is proved.

[53. Deleted: No. 55 of 2012 s. 125.]

54. Averment that prostitution business carried on

In proceedings for an offence under sections 9 and 21(b) an averment by the prosecution that a person is or was carrying on a business involving the provision of prostitution is to be taken to have been proved unless the contrary is proved.

Part 7 — Miscellaneous

55. Legal proceedings

(1) A prosecution for an offence under this Act can only be commenced by a police officer.

(2) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate.

[Section 55 amended: No. 84 of 2004 s. 80.]

56. Protection of certain persons

(1) An action in tort does not lie against a person for anything that he or she has, in good faith, done as a police officer or when assisting a police officer in the performance or purported performance of a function under this Act.

(2) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.

(3) In this section, a reference to the doing of anything includes a reference to an omission to do anything.

57. Exchange of information between State authorities

(1) A State authority specified in subsection (4) may disclose to another State authority specified in subsection (4) any information that is, or could reasonably be expected to be, relevant to the performance of a function of the State authority to which the information is disclosed.

(2) If an administrative head referred to in subsection (4), in writing, requests another administrative head referred to in subsection (4) to disclose any information, the administrative head receiving the request is to comply with the request unless the exception in subsection (3) applies.

(3) The Commissioner of Police may decline to disclose information requested under subsection (2) if to do so would be likely to compromise an investigation.

(4) The State authorities specified in this subsection are —

(a) the Commissioner of Police (who is the administrative head), police officers, and persons employed in the department of the Public Service principally assisting in the administration of the Police Act 1892;

(b) the chief executive officer of the department of the Public Service principally assisting in the administration of the Young Offenders Act 1994 (who is the administrative head) and persons employed in that department;

(c) the chief executive officer of the department of the Public Service principally assisting in the administration of the Children and Community Services Act 2004 (who is the administrative head) and persons employed in that department.

(5) The authority given by this section to disclose information applies even though the disclosure may be contrary to any duty of confidentiality imposed by law or otherwise arising and whether or not the duty of confidentiality arose before this Act commenced but, without limiting the authority given by this section to disclose information, a person to whom confidential information is disclosed under this section is bound by the same duty of confidentiality as applied to the person making the disclosure.

(6) A person making a disclosure under this section incurs no civil or criminal liability as a result of the disclosure, and is not to be regarded for any purpose as being in breach of the duty of confidentiality.

[Section 57 amended: No. 34 of 2004 Sch. 2 cl. 20(2).]

58. Confidentiality

(1) A person to whom this subsection applies must not, whether directly or indirectly, record, disclose, or make use of any information obtained in the course of duty except —

(a) in the course of duty; or

(b) as required or allowed by this Act or any other written law; or

(d) with the written authority of the Minister or the person to whom the information relates; or

(e) in other prescribed circumstances.

Penalty: $5 000.

(2) The prohibition in subsection (1) extends to the giving of evidence or the production of a book, document or record in civil proceedings in a court or tribunal.

(3) Subsection (1) does not apply to the disclosure of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.

(4) Subsection (1) applies to a person who is or was —

(a) a police officer; or

(b) a person employed in the department of the Public Service principally assisting in the administration of the Police Act 1892.

59. Liability of officers for offence by body corporate

	*The Criminal Code* section 41 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.

Table

s. 7(1)	s. 16(1) and (2)
s. 17(1)	s. 18(1)
s. 21

[Section 59 inserted: No. 9 of 2023 s. 122.]

[60. Deleted: No. 4 of 2004 s. 58.]

61. Regulations

(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

(2) The regulations may exempt a place described in the regulations from being a place that is or is in the view or within hearing of a public place for the purposes of this Act or for any particular purpose.

62. Regulations relating to restraining order applications

(1) Without limiting section 61, the Governor may make regulations as to the making of applications for the making, variation or cancellation of orders under Part 5 and the procedure on the hearing of such applications.

(2) References in subsection (1) to an application for the variation or cancellation of an order refer also to an application seeking leave to make an application for the variation or cancellation of an order.

[63. Deleted: No. 33 of 2003 s. 4.]

[64. Omitted under the Reprints Act 1984 s. 7(4)(e).]

Schedule 1 — Offence history that may be an element of a section 14 offence

[s. 14(c)]

An offence under any of the following enactments:

Classification (Publications, Films and Computer Games) Enforcement Act 1996

the deleted s. 60

The Criminal Code

s. 181

s. 186

s. 204A

s. 217

s. 218

s. 219

s. 220

s. 278 2 or 279

s. 281A 2

s. 297

s. 320(2) or (3)

s. 321(2) or (3)

s. 321A(4)

s. 324, 325, or 326

s. 327

s. 329

s. 330(2) or (3)

s. 332

s. 333

s. 338A, 338B, or 338C

s. 343

s. 396, 397, or 398

Children and Community Services Act 2004

s. 192(1) or (2)

[Schedule 1 amended: No. 34 of 2004 Sch. 2 cl. 20(3); No. 10 of 2006 Sch. 1 cl. 3; No. 2 of 2008 s. 69; No. 21 of 2010 s. 14.]

[Schedule 2 omitted under the Reprints Act 1984 s. 7(4)(e).]

dline

Notes

This is a compilation of the Prostitution Act 2000 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title	Number and year	Assent	Commencement
Prostitution Act 2000	17 of 2000	22 Jun 2000	s. 1 and 2: 22 Jun 2000; Act other than s. 1 and 2: 29 Jul 2000 (see s. 2 and Gazette 28 Jul 2000 p. 3987)
Prostitution Amendment Act 2002	9 of 2002	28 Jun 2002	28 Jun 2002 (see s. 2)
Prostitution Amendment Act 2003	33 of 2003	23 Jun 2003	23 Jun 2003 (see s. 2)
Sentencing Legislation Amendment and Repeal Act 2003 s. 87	50 of 2003	9 Jul 2003	15May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)
Criminal Code Amendment Act 2004 s. 58	4 of 2004	23 Apr 2004	21 May 2004 (see s. 2)
Children and Community Services Act 2004 Sch. 2 cl. 20	34 of 2004	20 Oct 2004	1 Mar 2006 (see s. 2 and Gazette 14 Feb 2006 p. 695)
Acts Amendment (Court of Appeal) Act 2004 s. 37	45 of 2004	9 Nov 2004	1 Feb 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163)
Courts Legislation Amendment and Repeal Act 2004 s. 141	59 of 2004	23 Nov 2004	1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Criminal Law Amendment (Simple Offences) Act 2004 s. 82	70 of 2004	8 Dec 2004	31 May 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 78 and 80	84 of 2004	16 Dec 2004	2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))
*Reprint 1: The Prostitution Act 2000* as at 22 Jul 2005** (includes amendments listed above except those in the Children and Community Services Act 2004)
Censorship Amendment Act 2006 Sch. 1 cl. 3	10 of 2006	8 May 2006	10 Jun 2006 (see s. 2 and Gazette 9 Jun 2006 p. 2029)
Nurses and Midwives Act 2006 Sch. 3 cl. 18	50 of 2006	6 Oct 2006	19 Sep 2007 (see s. 2 and Gazette 18 Sep 2007 p. 4711)
Criminal Investigation (Consequential Provisions) Act 2006 Pt. 13	59 of 2006	16 Nov 2006	1 Jul 2007 (see s. 2 and Gazette 22 Jun 2007 p. 2838)
Criminal Law and Evidence Amendment Act 2008 s. 69	2 of 2008	12 Mar 2008	27 Apr 2008 (see s. 2 and Gazette 24 Apr 2008 p. 1559)
Medical Practitioners Act 2008 Sch. 3 cl. 48	22 of 2008	27 May 2008	1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989)
Child Pornography and Exploitation Material and Classification Legislation Amendment Act 2010 s. 14	21 of 2010	7 Jul 2010	28 Aug 2010 (see s. 2(b) and Gazette 27 Aug 2010 p. 4105)
Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 42	35 of 2010	30 Aug 2010	18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075‑6)
Criminal Investigation (Covert Powers) Act 2012 Pt. 10 3	55 of 2012	3 Dec 2012	1 Mar 2013 (see s. 2(b) and Gazette 25 Jan 2013 p. 271)
*Reprint 2: The Prostitution Act 2000* as at 13 Sep 2013** (includes amendments listed above)
Health Practitioner Regulation National Law (WA) Amendment Act 2018 s. 116	4 of 2018	19 Apr 2018	1 Dec 2018 (see s. 2(d) and Gazette 13 Nov 2018 p. 4427‑8)
Directors’ Liability Reform Act 2023 Pt. 3 Div. 49	9 of 2023	4 Apr 2023	5 Apr 2023 (see s. 2(j))

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title	Number and year	Assent	Commencement
Prostitution Amendment Act 2008 Pt. 2	13 of 2008	14 Apr 2008	To be proclaimed (see s. 2(b))

Other notes

1 The provisions in this Act amending those Acts have been omitted under the Reprints Act 1984 s. 7(4)(e).

2 The Criminal Code s. 278 and 281A were deleted by the Criminal Law Amendment (Homicide) Act 2008 s. 10 and s. 13 respectively.

3 The Criminal Investigation (Covert Powers) Act 2012 s. 108 and 110 read as follows:

Term used: commencement day

In this Part —

commencement day means the day on which this Part comes into operation.

Savings provision relating to Prostitution Act 2000

(1) In this section —

former authorisation means an authorisation under the Prostitution Act 2000 section 35(1) as in force immediately before the day on which Part 10 comes into operation.

(2) A former authorisation in force immediately before the commencement day, is, on and after the commencement day, to be taken to be an authority as defined in section 5 granted on the commencement day and Part 2 applies, with any necessary modifications, to that authority.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

act as a prostitute 3

act of prostitution 3

administrative head 57(4)

child 3

client 3

client 4

Commissioner 22(1)

Commissioner of Police 3

conveyance 22(1)

document 3

family order 48(2)

juvenile justice team 22(1)

medical practitioner 29(7)

offence 22(1)

offender 5(4), 6(3)

place 3

prohibited drug 3

prostitute 3

prostitute 4

prostitution 3

public place 3

registered nurse 29(7)

relevant charge 32(3)

relevant juvenile justice team matter 32(3)

respondent 42(4)

sponsorship 10(3)

Western Australia

Prostitution Act 2000

Western Australia

Prostitution Act 2000

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Prostitution 3

Part 2 — General provisions about prostitution

Division 1 — Persons generally

Seeking prostitute in or in view or within hearing of public place 4
Seeking client in or in view or within hearing of public place 5
Seeking to induce person to act as prostitute 6
Prophylactic to be used 6
Promoting employment in prostitution industry 6
Prohibition of certain sponsorships 7
Hindering performance of functions 7
Contravening direction by police to move on 8
Failure to comply with certain police requirements 8

Division 2 — Prostitutes

Section 14 offence 9
Acting as prostitute for child 9

Part 3 — Other provisions about children

Causing, permitting, or seeking to induce child to act as prostitute 10
Obtaining payment for prostitution by child 10
Agreement for prostitution by child 10
Child not to seek services of prostitute 10
Prostitution at place where child present 11
Allowing child to be at place involving prostitution 12

Part 4 — Provisions for police

Terms used 13
Powers to obtain information 13
Police may direct person to move on 15
Detention, search and seizure without warrant 15
Entry of, and seizure at, place of business without warrant 16

The Act is built on a small set of core concepts that determine how offences are constituted, who is regulated, and how police may act. These concepts are statutory and precise.

Prostitution, prostitute and client. The statute defines prostitution narrowly by reference to payment for sexual stimulation by physical contact or by contact with anything controlled by or emanating from the prostitute or client, and identifies the client term consistent with that definition (s 4; s 3 definitions). This construction both narrows and fixes the activity the Act addresses, so conduct outside that definition falls beyond the Act’s reach.
Public place. The Act supplies a broad definition of public place which includes places to which the public or any section of the public have access, educational institutions (with specified exceptions), and privately owned places that are unoccupied or occupied by a non-owner without the owner’s authority (s 3). The definition determines the reach of solicitation offences (ss 5 and 6) and the permissibility of move-on directions (s 24).
Child. The Act uses the term child to mean someone under 18 (s 3). Numerous provisions treat prostitution involving a child as a distinct, aggravated class of offence; some are labelled crimes and attract the highest penalties in the Act (for example ss 16-18).
Criminal and summary offences. The Act differentiates between offences that are “crimes” (higher-level offences) and those that are simple or summary offences. Several offences are identified as crimes, notably inducing non-child prostitution by force or deception (s 7), causing or permitting a child to act as a prostitute (s 16), receiving payment knowing it derived from child prostitution (s 17), and entering agreements for child prostitution (s 18). Other offences attract pecuniary penalties or shorter imprisonment terms (for example s 8 prophylactic requirement, s 9 promotion offence).
Police operational powers. The Act grants police substantive investigatory powers specific to prostitution matters: requiring production of documents or information (s 23), issuing written move-on directions for suspected offenders (s 24), stopping, detaining and searching persons and conveyances without a warrant where reasonable suspicion exists (s 25), and entering places of business without a warrant when a business involving prostitution is being carried on and there are reasonable grounds to suspect s 7 or child offences (s 26). Warrant procedures remain available and include remote warrant applications (ss 27-28).
Forfeiture and retention. Property connected with offences may be seized, retained, delivered to lawful owners or forfeited to the Crown; rules set time frames for applications to recover items, and the Commissioner has discretion over disposal of forfeited things with appellate safeguards (ss 30-33).
Evidence presumptions. The Act shifts evidential burdens by creating presumptions in favour of the prosecution in key areas. Most significant is the conclusive presumption that an accused knew a person was a child unless the accused proves they took all reasonable steps to ascertain age (s 49). Presumptions also cover residence with a child prostitute (s 50), allowing a child to remain at a place (s 51), and intention from loitering or frequenting in suspicious circumstances (s 52).
Restraining orders as preventive remedy. The court may impose restraining orders where it finds a person likely to re-offend or where police move-on circumstances recur, with powers to impose restraints on lawful activities, restrict access to places, and vary or cancel orders subject to procedural safeguards (Part 5, ss 37-46).
Inter-agency information exchange and confidentiality. The Act identifies specified State authorities that can share information relevant to their functions (s 57), and at the same time imposes confidentiality obligations on police and associated staff with a specified penalty for breach (s 58). The Commissioner of Police retains a narrow capacity to decline disclosure where investigations would be compromised (s 57(3)).

These concepts structure incentives for private actors and police. For example, the prophylactic requirement (s 8) and the public-place offences (ss 5-6) create compliance duties for individuals engaged in street-based activity, while the prohibitions on promotion and sponsorship (ss 9-10) operate against entities that might publicise or financially support prostitution-related enterprises. The evidentiary presumptions reallocate the burden of proof in specific factual respects, creating a legal environment where record-keeping and steps to verify age are salient defensive measures (s 49). Police are empowered to use both coercive investigatory tools and civil restraining orders as enforcement levers, subject to statutory procedural limits.

The Act’s direct regulatory reach falls on a defined set of actors and indirectly affects several other categories of people and institutions. Identify who has duties, who faces exposure to sanctions, and who exercises decision rights.

Prostitutes and clients. Individuals who act as prostitutes or seek prostitutes or clients in or in view or within hearing of a public place are directly exposed to criminal sanctions under sections 5, 6 and 14-15. Section 14 singles out certain categories of prostitutes, notably children and persons with specified previous convictions or drug-trafficker declarations, and makes acting as a prostitute an offence in those cases. Section 15 criminalises acting as a prostitute for a client who is a child.
Children. Persons under 18 are central to the Act. The Act makes it a crime to cause, permit, or induce a child to act as a prostitute, to receive payments derived from child prostitution, to enter into agreements for a child to act as a prostitute, and criminalises prostitution where a child is present, or allowing a child to be at a place where prostitution involving more than one prostitute is carried on (ss 16-21). These provisions place duties on third parties to prevent child involvement.
Businesses and operators. Operators of businesses involving the provision of prostitution face specific risks. Police may enter and inspect business premises without a warrant where there are reasonable grounds to suspect the commission of s 7 or any child offence and to inspect records and seize evidence (s 26). Publishing inducements to work in prostitution or promoting such employment attracts a high monetary penalty (s 9). Sponsorship arrangements that promote a person or business as a prostitute or prostitution business are prohibited (s 10), with a $50,000 penalty. Corporate officers can be criminally liable under the Criminal Code for listed offences by virtue of s 59, as amended in 2023.
Sponsors, advertisers and promoters. The Act targets third-party commercial relationships as well as direct operators. Section 10’s sponsorship prohibition extends beyond direct advertising to scholarships, prizes or other financial arrangements promoting a person or business as involved in prostitution, unless the arrangement is a bona fide contract of employment or contract for services.
Owners and occupiers of premises. Owners are implicated via the public place definition where a privately owned place is unoccupied or occupied by someone without the owner’s authority (s 3). People who allow a child to enter or remain where prostitution is taking place commit an offence (s 21). A person residing with a child prostitute is subject to a presumption under s 50.
Police, Commissioner of Police and specified State authorities. The Commissioner has administrative discretion over delegation, the disposal of forfeited things, and may nominate police to apply for variation or cancellation of restraining orders (ss 33, 36, 42). Police alone may commence prosecutions (s 55(1)), and are vested with investigatory powers under Part 4. State authorities identified in s 57 (Police, Young Offenders administration, Children and Community Services administration) may exchange information relevant to their functions.
Medical practitioners and registered nurses. The Act permits only medical practitioners or registered nurses to conduct body-cavity examinations arranged by police, and affords them protection from civil action for reasonably carried-out examinations (s 29(3)-(5)). Those practitioners play an operational role in searches that involve invasive procedures.
Persons supplying or handling evidence, including owners of seized property. The Act creates procedures enabling seizure, retention, delivery and forfeiture (ss 30-33), and provides timelines for applications for return of property to persons claiming lawful possession (s 32). Claimants who wish to recover seized items must act within statutory time limits and through the Magistrates Court when specified conditions apply (s 32).
Legal representatives. The Act recognises legal professional privilege in limited circumstances under s 13(4)(b) where a person may refuse to answer or produce materials that would be privileged. The Act also provides that people must be given an opportunity to be heard when restraining orders are made (s 39).

Who pays. Penalties fall on individual offenders (fines and imprisonment), business entities (monetary penalties, property forfeiture), and corporate officers (criminal liability under s 59). Enforcement costs are primarily borne by the police and prosecuting authorities; the Commissioner has administrative costs and discretion around forfeited goods disposal (s 33). The Act limits private prosecution by making police prosecution exclusive (s 55). Who decides. Police make initial operational decisions about move-on directions, production requirements, searches without warrant where reasonable suspicion exists, and applications for restraining orders; courts retain decision-making on conviction, forfeiture, restraining orders, and appeals (ss 23-27, 37-47).

This section lists the principal statutory duties imposed by the Act and the principal procedural and substantive rights available to regulated persons, with references to the relevant provisions.

Key duties

Do not solicit or seek prostitution in or in view or within hearing of a public place. Individuals must not seek another to act as a prostitute or seek another to be a prostitute’s client in or in view or within hearing of a public place (ss 5 and 6). Penalties differ where a child is involved (see s 5(2), s 6(2)).
Do not use force, threats, intimidation, supply prohibited drugs or use fraud to induce non-child prostitution (s 7). This is an express crime with a maximum penalty of 10 years imprisonment.
Use an appropriate prophylactic for an act of prostitution. A person engaging in an act of prostitution must use a prophylactic appropriate to prevent transmission of bodily fluid (s 8).
Do not publish inducements to take employment in the prostitution industry or provide prohibited sponsorships. Publishing statements intended or likely to induce people to act as prostitutes or to seek employment in businesses providing prostitution is prohibited (s 9). Sponsorship or promotion arrangements for persons or businesses as prostitutes are prohibited (s 10).
Do not obstruct police functions under the Act and comply with move-on directions and production or questioning requirements unless entitled to lawful excuse (ss 11-13). Failure to comply can attract fines or imprisonment; refusal rights are limited to the protections in s 13(3) and (4).
Avoid involving children. It is a duty on all persons not to cause, permit or induce a child to act as a prostitute, not to receive payments derived from child prostitution, not to enter agreements for child prostitution and not to allow children at places where prostitution involving more than one prostitute is carried on (ss 16-18, 20-21).

Key rights and procedural protections

Right to be informed when required to give information. If a police officer requires information under s 23, the officer must inform the person that they are required to provide the information (s 23(4)).
Limited privilege against self-incrimination. Section 13(4)(a) preserves a person’s right to refuse to answer or produce material if it might incriminate them, except that answers given to comply with s 23 may not be admissible in other civil or criminal proceedings except for perjury or offences arising from false or misleading answers (s 13(3)). Legal professional privilege is preserved (s 13(4)(b)).
Same-sex search requirement and medical practitioner standard. Searches under the Act must be conducted by an officer of the same sex, or where that is not possible, by direction permitting another same-sex person to carry out the search or to detain until a same-sex officer or place for search is available (s 29(1)-(2)). Body-cavity examinations require a medical practitioner or registered nurse (s 29(3)-(5)).
Opportunity to be heard for restraining orders. Courts must give persons an opportunity to be heard before making a restraining order under Part 5 (s 39(1)). Variations and cancellations of restraining orders require affidavit support and opportunities to be heard, with leave conditions where necessary (s 42).
Return of seized property subject to court processes. Persons claiming lawful entitlement to seized property may apply to the Magistrates Court for delivery, within specified time frames and subject to conditions where charges or juvenile justice matters are pending (s 32).
Confidentiality obligations. Police and specified public servants are subject to confidentiality obligations regarding information obtained in the course of duty, with limited exceptions and statutory penalties for unauthorised disclosure (s 58). The Act also permits exchange of information between specified State authorities to perform functions, subject to a head of agency’s power to decline where disclosure would compromise an investigation (s 57).
Exclusive police prosecution. Only police officers may commence prosecutions under the Act (s 55(1)). This removes the ability for private prosecutions in relation to the Act’s offences.

Practical interplay of duties and rights

The Act creates affirmative compliance duties for persons engaging in prostitution or operating in the industry, and procedural protections designed to moderate police powers in specific ways. Rights to privilege and to be heard operate alongside strong investigatory powers for police, and the Act contains evidentiary presumptions that shift the burden of proof on certain matters to the accused. Where the Act confers discretionary powers on the Commissioner or police, statutory procedural constraints and judicial oversight (for forfeiture, restraints and warrants) exist, but initial operational decisions frequently rest with police subject to court review.

The Act combines monetary penalties, terms of imprisonment, seizure and forfeiture, and restraining-order remedies. Enforcement is overwhelmingly police-centred. Key penalty and enforcement mechanisms are summarised below with section references.

Fines and imprisonment

Solicitation. Seeking a person to act as a prostitute in or in view or within hearing of a public place is an offence (s 5(1)). When the person sought is a child the offence is classified as a crime and the maximum penalty is imprisonment for 7 years (s 5(2)-(3)). For the general (simple) offence the maximum imprisonment is 2 years (s 5(3)(a)). Seeking a client in or in view or within hearing of a public place attracts 3 years imprisonment where the person sought is a child and one year otherwise (s 6(2)).
Inducement and child-specific offences. Inducing a non-child to act as a prostitute by assault, threats, intimidation, supplying prohibited drugs or fraud is a crime with a maximum penalty of 10 years imprisonment and a summary conviction penalty of 3 years (s 7). Causing, permitting or seeking to induce a child to act as a prostitute is a crime carrying up to 14 years imprisonment (s 16). Receiving payments knowing they were derived from child prostitution is a crime with up to 14 years imprisonment (s 17). Agreements for child prostitution attract the same 14-year maximum (s 18).
Prophylactic and promotion offences. Failure to use an appropriate prophylactic during an act of prostitution draws a fine of $5,000 (s 8). Publishing statements intended or likely to induce someone to seek employment as a prostitute or in a prostitution business attracts a $50,000 penalty (s 9). Sponsorship prohibitions carry a $50,000 penalty (s 10).
Other offences. Hindering police functions attracts up to 2 years imprisonment (s 11). Contravening a move-on direction without lawful excuse carries a first-offence fine of $6,000 and a subsequent offence may attract imprisonment for one year (s 12). Failure to comply with production or questioning requirements under s 23 may attract imprisonment for 2 years (s 13).
Restraining order breach. Contravening a restraining order under Part 5 is an offence with a $5,000 penalty (s 46).

Enforcement mechanics and police powers

Exclusive prosecutorial power. Prosecutions under the Act can only be commenced by a police officer (s 55(1)). This centralises enforcement discretion with police forces and their chain of command.
Information and production powers. Police may require production of documents and information for the purpose of performing functions in respect of s 7 offences or any offence involving a child (s 23(1)). Requirements must be in writing for document production and may specify form and place (s 23(2)-(3)). The police must inform the person that they are required to give information (s 23(4)). Refusal to comply without lawful excuse is penalised (s 13).
Stop, detain, search and seize without warrant. A police officer may, without warrant, stop, detain and search persons or conveyances on reasonable suspicion of commission of an offence or possession of evidence, and may seize anything suspected on reasonable grounds to be evidence (s 25).
Entry and seizure at places of business without warrant. Where a police officer has reason to believe an offence under s 7 or any offence involving a child has been, is being or may be committed, the officer may enter and inspect any place where a prostitution business is being or suspected to be carried on, and may search, detain, search persons and seize evidence, using reasonable force if necessary (s 26(1)-(4)).
Warrant and remote warrant procedures. Section 27 authorises warrants where a justice is satisfied there are reasonable grounds, and section 28 permits remote applications by telephone, fax, radio or other communication in urgent or remote circumstances, with verification steps and record keeping by the justice.
Property retention, forfeiture and delivery. Police may retain seized things for reasons of investigation or juvenile justice proceedings, and property that is not the subject of a successful application for delivery may be forfeited to the Crown after time limits expire (ss 30-32). A court convicting a person may order forfeiture to the Crown or delivery to a person lawfully entitled to it (s 31).
Disposal of forfeited property. The Commissioner may direct sale, destruction or disposal of forfeited property unless prevented by appeal time periods (s 33).
Assistance powers and delegation. Sections 34 and 36 cross-reference assistance powers from the Criminal Investigation Act and allow delegation by the Commissioner, subject to statutory limits.

Enforcement discretion and limits

Reasonable grounds and procedural safeguards. Several powers are contingent on reasonable grounds or judicial authorisation, preserving a judicial check on the most intrusive exercises of power (for example warrants and section 27). The Act prescribes procedures for written production requirements and move-on directions (s 24).
Protections against compelled self-incrimination and privilege. Section 13 preserves the right to refuse answers or production where answers or documents might incriminate or attract legal professional privilege; however, the Act also penalises refusal to comply without lawful excuse in narrow contexts and limits admissibility of compelled answers.
Appeal pathways and judicial review. Restraining order decisions carry appeal rights to various higher courts depending on which court made the order (s 47). Forfeiture and delivery orders can be addressed in the convicting proceedings and via Criminal Appeals Act and other appeals processes (s 31(2)).

In sum, criminal penalties, property forfeiture, administrative disposal, and court-imposed restraining orders make up a layered enforcement architecture. Operational decisions rest heavily with police and the Commissioner, and statutory procedural safeguards and judicial processes mediate the exercise of power.

The Act cross-references and operates alongside numerous other statutory regimes. These interactions allocate functions, define terminology, and set procedural cross-cuts that practitioners must consider.

Police Act 1892 and Commissioner roles. The Act defines Commissioner of Police and uses that office in delegation and disposal powers. The Commissioner may delegate functions under Part 4 other than the power of delegation itself (s 36). The Act identifies police officers, the Commissioner, and the department employed staff for the purposes of confidentiality and information exchange provisions (s 57, s 58).
Misuse of Drugs Act 1981. The Act imports the definition of prohibited drug from section 3 of the Misuse of Drugs Act 1981 for the purpose of the crime of inducing prostitution by supplying a prohibited drug (s 3 definition).
Criminal Code. The Act interacts with the Criminal Code in several ways. Section 59 makes Criminal Code section 41, the provision for criminal liability of officers of a body corporate, applicable to listed offences in the Act. Schedule 1 lists offences under the Criminal Code and other statutes that, where forming an offender’s prior conviction history, are elements of a section 14 offence (s 14(c); Schedule 1).
Child and juvenile laws. The Act cross-references the Young Offenders Act 1994 and the Children and Community Services Act 2004 in relation to juvenile justice teams, the courts that hear restraining order applications for children, and information exchange (s 22, s 57, Part 5 ss 38, 45). Provisions about juvenile matters affect timing for applications to recover seized property (s 32(2)(b), (5)).
Criminal Procedure and appeals legislation. Section 31(2) allows a person to be heard in the criminal proceeding concerning the delivery of things relating to the offence and permits applications under the Criminal Procedure Act 2004 s 71 as if they were a party to the prosecution. Restraining order appeals are routed through the Criminal Appeals Act 2004 and various court-specific appeals provisions enumerated in s 47, each referencing the relevant superior court legislation.
Criminal Investigation Act 2006. Section 34 imports sections 146 to 150 of the Criminal Investigation Act 2006, with necessary modifications, to support seizing things under this Act.
Health Practitioner Regulation National Law (WA) and related acts. Section 29 defines medical practitioner and registered nurse by reference to registration under the Health Practitioner Regulation National Law (WA) and protects such practitioners conducting body-cavity examinations at police request (s 29(5), (7)). Amendments to s 29 are recorded in the compilation table and note historical changes aligned with health practitioner legislation.
Young Offenders Act 1994 and Children’s Court provisions. Part 5 uses the Children’s Court for restraining order applications against children, adopts procedural cross-references to the Young Offenders Act where appropriate, and provides transfer rules between Children’s Court and Magistrates Court where matters are misclassified (s 45(2)-(4)).
Regulations and the Governor’s power. Section 61 empowers the Governor to make regulations necessary to give effect to the Act, including exempting specified places from the public-place definition. This creates a regulatory lever that could alter the Act’s practical geographic scope.
Other statutes referenced in Schedule 1. Schedule 1 lists a range of provisions from the Criminal Code and other statutes whose being part of an offender’s prior history can constitute an element of a section 14 offence. Legislative amendments to those statutes therefore materially affect the scope of section 14.

Operational and legal consequences of these interactions

Evidence, procedure and jurisdiction flow across statutes. Forfeiture, appellate review and recovery of seized items are governed by machinery in the Criminal Procedure Act, Criminal Appeals Act and associated court statutes cited in s 31 and s 47.
Health-law protections and practitioner liability. Where invasive examinations are required, the Act mandates use of registered practitioners under the Health Practitioner Regulation scheme, and shields them from action for reasonable acts done for examination purposes (s 29(5)), so investigative practice intersects with health professional regulation and civil liability regimes.
Data sharing and confidentiality. Section 57 authorises exchange of information between specified State authorities, overriding duties of confidentiality subject to limited exceptions, while s 58 imposes confidentiality on police and departmental staff. This creates an operational channel for child welfare, juvenile justice, and policing functions to cooperate.
Corporate liability and officer exposure. By applying the Criminal Code section 41 machinery to certain Act offences via s 59, corporate officers may be criminally liable for corporate misconduct, aligning corporate criminal responsibility with broader criminal law doctrine.
Regulatory discretion via regulations. The Governor’s regulation power (s 61) and the capacity to exempt places from the public-place definition (s 61(2)) mean that the Act’s on-the-ground effect can be modified administratively, requiring practitioners to monitor subordinate legislation for changes that reconfigure enforcement loci.

Practitioners must therefore manage a multistatutory terrain: police procedure and delegation, Criminal Code corporate liability, health practitioner standards for invasive searches, juvenile justice timings affecting property claims, and regulation-making that can alter definitions used to trigger offences.

The Act has been amended several times since its enactment in 2000. The compilation table and in-text amendment notes identify the principal amending instruments and some consequential content changes. This section summarises those amendments and their known mechanical effects in the statute as presented.

Prostitution Act 2000 (No 17 of 2000). The Act received assent on 22 June 2000 and most provisions commenced by proclamation on 29 July 2000 (compilation table). It established the original framework.
Prostitution Amendment Act 2002 (No 9 of 2002), 2003 (No 33 of 2003). These early amendments enacted in 2002 and 2003 adjusted provisions, and the 2003 Act included changes reflected in section annotations, for example amendments captured in the notes to s 12 and s 15 indicating changes by No 50 of 2003 (Sentencing Legislation Amendment and Repeal Act 2003) that altered penalty structures and references.
Sentencing and criminal procedure consequential amendments. The Sentencing Legislation Amendment and Repeal Act 2003 (No 50 of 2003) and the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 (No 84 of 2004) made consequential changes to penalties and procedural cross-references, as noted in the compilation table and section annotations (compilation table entries).
Criminal Law Amendment (Simple Offences) Act 2004 (No 70 of 2004). This amending Act is recorded in the compilation table with commencement in 2005 and effected some changes to classification of certain offences as simple or summary offences.
Amendments relating to criminal investigation powers and warrants. The Criminal Investigation (Consequential Provisions) Act 2006 (No 59 of 2006) and the Criminal Investigation (Covert Powers) Act 2012 (No 55 of 2012) introduced cross-references and transitional savings relating to investigative powers, supplying referral to relevant provisions in the Criminal Investigation Act and providing for conversion of former authorisations (compilation table note 3).
Health regulation and practitioner definitions. Amendments arising from the Health Practitioner Regulation National Law (WA) Act 2010 and later amendments (No 35 of 2010; No 4 of 2018 s 116) updated the definitions of medical practitioner and registered nurse in s 29, aligning the Act with the national health practitioner registration framework.
Censorship and child-exploitation amendments. The Child Pornography and Exploitation Material and Classification Legislation Amendment Act 2010 (No 21 of 2010) and the Censorship Amendment Act 2006 (No 10 of 2006) amended related frameworks and Schedule 1 entries which identify prior offences relevant to s 14.
Directors’ Liability Reform Act 2023 (No 9 of 2023). Section 59 was inserted in 2023, applying Criminal Code section 41 to listed offences in the Act, thereby creating a statutorily explicit link between corporate officer liability and specified prostitution offences. This is recorded in the annotations to s 59 and the compilation table showing commencement on 5 April 2023.
Miscellaneous technical amendments. Across the years, several sections have been amended, deleted or renumbered as indicated by the bracketed editorial notes in the Act. For instance, sections 35 and 60 are deleted, section 53 deleted, and other small technical updates have occurred (as noted in the in-text bracketed amendments).

The compilation table in the source provides dates of assent and commencement for each amending Act and identifies reprints (Reprint 1 as at 22 July 2005 and Reprint 2 as at 13 September 2013) that consolidate changes. Some amendments altered penalty levels, definitions, and procedural linkages; for example, the insertion of s 59 in 2023 expanded corporate liability exposure. Amendments affecting investigative powers and the use of warrants were made by criminal investigation legislation in 2006 and 2012, embedding cross-references to the Criminal Investigation Act and providing for remote warrant processes (ss 27-28 amendments and the insertion of s 34).

Practitioners should consult the compilation table and the latest reprint for the consolidated text, and monitor subordinate regulations (s 61) because regulations may materially affect the practical application of statutory definitions such as public place.

The Act’s text as provided does not cite any reported judicial decisions or case law. The source includes no specific litigation history entries naming cases. Accordingly there are no statutory-cited judicial decisions within the text to catalogue.

Absent cited cases in the source, the Act nevertheless creates fertile grounds for litigation and procedural challenges in several predictable areas where statutory language, police powers and evidentiary presumptions intersect. These are contexts in which litigation is likely to arise, and practitioners should expect contestation on the following statutory fronts.

Reasonableness and sufficiency of grounds for searches and detention. Sections 25 and 26 permit stops, detention, searches and entry without warrant where the officer suspects on reasonable grounds the commission of an offence or the presence of evidence. Challenges can be expected on whether “reasonable grounds” existed for warrantless intrusion, with contested issues including the factual basis for suspicion and the proportionality of force used.
Validity and scope of move-on directions. Section 24 enables a written move-on direction for up to 24 hours where a police officer has reason to suspect a person has committed or intends to commit an offence in a public place. Judicial review or procedural challenges may arise over sufficiency of grounds, formality of the written direction, and the lawfulness of an officer’s extension of the move-on to a surrounding area.
Admissibility and consequences of compelled information. Section 13(3) limits admissibility of compelled answers in diverse proceedings but preserves admissibility for perjury and offences arising from false or misleading answers. Litigation may arise over whether compelled answers were legitimately relied upon, and over delineation of the lawful-excuse exceptions in s 13(4).
Evidentiary presumptions about age and intention. Section 49 establishes a conclusive presumption that the accused knew the person was a child, unless the accused proves they took all reasonable steps to find out the age. Litigation will likely test what constitutes “all reasonable steps” and whether the rebuttal threshold has been met. Similarly, presumptions about intention arising from loitering or frequenting (s 52) invite contested inferences.
Forfeiture, retention and return of seized property. Sections 30-33 create judicial and administrative pathways for retention, application for delivery, forfeiture, and disposal. Disputes may concern whether property was properly seized, whether procedural timelines were complied with, and whether the Commissioner exceeded statutory discretion in disposal.
Restraining orders and procedural fairness. Part 5 requires an opportunity to be heard before making a restraining order (s 39) and establishes leave requirements for variation or cancellation applications (s 42). Litigated issues could include adequacy of notice, the scope of restraints that may be imposed on lawful activities (s 40), and interplay with family orders (s 48).
Scope of the public place definition and regulatory exemptions. The Act’s public place definition in s 3 and the Governor’s power to exempt places in s 61(2) may prompt litigation over whether particular premises fall within the statutory meaning and whether any regulations properly or impermissibly exempt places.
Corporations and officer liability. With s 59 applying Criminal Code section 41 to listed offences, litigation may arise on the application of corporate officer liability principles to prostitution-related offences, including the mens rea and attribution issues that flow from Criminal Code section 41.

Because the Act centralises prosecutorial power with police (s 55(1)), many controversies may be fought within criminal proceedings, and administrative or judicial review of enforcement actions and warrants may follow. Practitioners should monitor jurisdictional case law in Western Australia on related evidentiary, search and seizure, and forfeiture issues. Absent case citations in the Act text itself, any authoritative litigation history must be assembled from court databases and published decisions.

This section flags statutory features, drafting details and procedural traps that are easy to miss but have concrete legal consequences under the text.

Narrow statutory definition of prostitution. Section 4 defines prostitution strictly as paid sexual stimulation by physical contact or by contact with anything controlled by or emanating from the other person, with payment as consideration. Consequently, activities that fall outside that precise formulation may not be captured. Practitioners should test whether a client’s conduct falls within s 4 before relying on the Act as the source of criminal liability.
Public place scope can capture unexpected locations. The public place definition in s 3(c) includes privately owned places that are unoccupied or occupied by a person who is not the owner and does not have the authority of the owner. This could make solicitation in some private premises actionable if the occupant lacks authority, so care is needed in assessing location-based offences under ss 5-6.
Conclusive presumption of knowledge of age. Section 49’s conclusive presumption that the accused knew the person was a child unless the accused proves they took all reasonable steps to find out the age is a heavy evidential burden. Practically this pushes the defence to maintain and document age-verification processes and to be prepared to prove those steps in court. An absence of such documentation can be dispositive.
Prosecution can only be commenced by police. Section 55(1) prevents private prosecutions under the Act. Parties seeking enforcement must rely on police willingness to prosecute; private civil strategies may be required where police decline.
Broad police powers to enter businesses without warrant. Section 26 authorises entry and seizure at places of business without a warrant where the officer has reason to believe s 7 or an offence involving a child has been, is being or may be committed. That creates a relatively low threshold for warrantless intrusion into business premises, subject to “reason to believe” rather than the higher warrant standard. Records kept at business premises are therefore at risk of inspection and seizure if police form the requisite belief.
Failure to comply with production or question requirements is penalised, but protections are limited. Sections 23 and 13 combine to require production and answers but allow a refusal only where the answer might incriminate or legal professional privilege applies. The compelled-information regime also includes a limited rule preventing the compelled answer from being used in other civil or criminal proceedings, except for perjury or false answers (s 13(3)). Practitioners should carefully advise clients when a production or information notice is served, and assert privilege where applicable.
Sponsorship prohibition is broad. Section 10 prohibits promotion or publicising a person as a prostitute under sponsorship arrangements, and defines sponsorship to include scholarships, prizes and other like benefits, as well as financial arrangements other than bona fide employment or contract for services. Commercial actors who might otherwise sponsor events, scholarships or media need to scrutinise arrangements that could be characterised as promoting prostitution.
Prophylactic requirement is a personal duty. Section 8 requires use of an appropriate prophylactic during an act of prostitution and imposes a $5,000 penalty but does not create a general business compliance mechanism. Enforcement may be directed at individuals rather than businesses, so risk management requires both worker-level compliance and business-level policies to encourage and verify prophylactic use.
Confidentiality provisions restrict disclosure by police staff. Section 58 applies to police officers and departmental staff and criminalises unauthorised recording, disclosure or use of information obtained in the course of duty. The provision extends to evidence in civil proceedings, potentially complicating civil discovery where police records are relevant.
Time limits and dependencies for recovery of seized property. Section 32 establishes a 21-day rule for applications to recover seized items, and postpones the last day where juvenile justice matters or relevant charges are pending. This timetable is strict and can cause loss by forfeiture if claimants miss the statutory window.
Regulatory exemptions can change coverage. Section 61(2) permits regulations to exempt places from being treated as public places for the Act’s purposes, enabling the Executive to change enforcement geography without amending principal legislation. Practitioners should check subordinate regulations for local exemptions.

Each of these features imposes practical steps for compliance and defence: documentation of age verification, prompt legal advice when production or answer requirements are served, internal policies for prophylactic use, and vigilance about police activity and seizure timelines.

Compliance under the Act requires both operational measures for individuals and businesses, and procedural strategies for dealing with police powers and court processes. The following practical steps map statutory obligations to concrete compliance actions.

Operational and business-level measures

Document age-verification procedures. Given the conclusive presumption in s 49 that an accused knew the person was a child unless they prove they took all reasonable steps to find out age, businesses and individuals should maintain and preserve records of age verification. Acceptable steps may include photographic ID checks, retaining copies of ID where lawful and proportionate, and contemporaneous incident logs. Have a written policy and train staff in its application.
Ensure prophylactic availability and usage policies. Section 8 creates an offence for engaging in an act of prostitution without using an appropriate prophylactic. Businesses should supply appropriate prophylactics, have policies requiring use, and keep incident records showing compliance and education of workers.
Avoid prohibited promotion and sponsorship. Review advertising, recruitment and sponsorship arrangements to ensure they do not “publish or cause to be published” statements intended or likely to induce persons to seek employment in prostitution (s 9), and avoid sponsorship agreements that would promote a person or a prostitution business in the senses prohibited by s 10. Distinguish bona fide contracts of employment or for services, which s 10 excludes from the “sponsorship” definition.
Prevent child exposure. Implement entry controls, staff training and supervision designed to prevent children from being present where prostitution is occurring, and to prevent multiple-prostitute businesses from allowing children onsite. Policies should document steps taken to deny entry to persons who appear to be underage, and to report suspicious approaches to law enforcement or child-protection agencies, consistent with obligations in ss 16-21.
Maintain accurate business records. Because police have power to require production of documents (s 23) and to enter and inspect business premises where prostitution is suspected (s 26), maintain organised, lawful records and a compliance pack to produce in response to lawful requirements. Ensure any response to a production requirement is handled via legal counsel where privilege concerns arise.

Procedures for dealing with police powers and legal process

Responding to production notices. Section 23 requires document and information production for certain offences. If a written requirement arrives, consult counsel immediately. Consider privilege claims, and record the basis for any refusal to comply. Remember s 13(3) limits admissibility of compelled answers in proceedings other than perjury or false answers.
Managing stop, search and entry events. If police exercise powers under sections 25 or 26, request to see the authority or written direction, note officer identity and badge numbers, and record the scope of the search. If an entry is made without warrant, ascertain whether the officer had the requisite “reason to believe” that s 7 or an offence involving a child had been, is being or may be committed (s 26(2)).
Handling seized property. If property is seized, note the inventory, obtain a receipt, and file any claim for delivery promptly. The statutory deadline for applications for delivery is tight (s 32(4)), and can be postponed where juvenile justice matters or relevant charges are pending (s 32(5)). Engage counsel to apply to the Magistrates Court if appropriate.
Restraining order processes. If a restraining order is being sought or has been imposed, use the statutory appeal routes and variation procedures. Section 39 guarantees opportunity to be heard prior to making an order. Applications to vary or cancel are subject to leave requirements and affidavits with full disclosure (s 42); ensure affidavit content addresses both supporting and adverse facts as required.
Record interactions with minors and co-residence. Section 50 presumes a person residing with a child prostitute received payment unless the contrary is proved. Maintain tenancy and financial records to rebut such presumptions where relevant.
Obstruction and move-on offences. Avoid delays, obstruction or hindrance to police functions under the Act (s 11), and comply with move-on directions unless a lawful excuse exists (s 12). If you believe a move-on direction is unjustified, record details for later legal contest rather than disputing the direction in the field.
Confidentiality and data handling. Be aware that police and departmental staff are subject to confidentiality obligations (s 58) and that inter-agency information exchange is permitted among specified authorities (s 57). Retain legal advice on how disclosures by police may affect civil claims, and how to request relevant material through appropriate legal channels.

Risk management and compliance governance

Implement a compliance manual covering age verification, prophylactic use, advertising and sponsorship controls, incident reporting, and staff training.
Undertake periodic legal reviews to ensure advertising, sponsorship, employment contracts and third-party commercial arrangements do not fall within s 9 or s 10’s prohibitions, and to check whether regulations have altered the status of particular premises as public places (s 61).
Maintain insurance, legal retainer arrangements and data-retention policies consistent with statutory timelines for production and seizure.
Train staff on dealing with police: instruct staff to cooperate with lawful directions, to request proof of authority and to record details of any search or seizure.

Where to seek remedies

If property is seized, apply to the Magistrates Court under s 32 for delivery where appropriate, mindful of the 21-day timing rule and its postponement mechanics.
Where restraining orders are issued, use the variation and cancellation process in s 42, and pursue appeals under s 47 to the appropriate appellate body depending on the originating court.
For disputes about investigative powers, consider judicial review or exclusion applications based on absence of reasonable grounds for searches or detention, and seek legal advice quickly.

Concluding practical note. The Act places operational compliance emphasis on preventing child involvement, age verification, prophylactic availability, and careful limits on promotion and sponsorship. Police hold significant investigatory tools, and timely legal engagement is essential when documents are demanded or property is seized.

Deep Dive

What it does

Current sections