The law lets senior police ask courts to declare particular premises subject to special disorderly‑house controls, enabling no‑warrant entry, seizure and criminal offences for owners or occupiers if specified harmful conditions occur; it also creates a 72‑hour closure power.
Brothels are excluded from sole use of that declaration but councils can seek planning orders in the Land and Environment Court. It matters because it expands police tools and forfeiture while placing evidentiary and compliance burdens on owners, occupiers and councils.
The Restricted Premises Act 1943 (the Act) establishes a two-track statutory scheme for restricting the use of premises associated with criminal or anti-social activity. Part 2 empowers the Supreme Court or District Court, on application by a senior police officer, to declare premises to which the Part applies where any of the five conditions in s 3(1) are made out on reasonable grounds. These conditions encompass habitual drunkenness or disorderly/indecent conduct (s 3(1)(a)), unlawful sale or supply of liquor or drugs (s 3(1)(b)), resort by reputed criminals or their associates (s 3(1)(c)), or involvement in management by persons with criminal histories or prior connections to declared premises (s 3(1)(d)). A declaration may be framed as a “reputed criminal declaration” where that is the predominant reason (s 3(3)).
Once declared, the declaration remains in force until rescinded (s 3(2)). Notice must be served on the owner or occupier (s 6(1)), and publication in the Gazette provides formal evidence of the declaration (s 5). Owners and occupiers then commit strict liability-style offences if any s 3(1) condition persists, with higher penalties (150 penalty units or 3 years imprisonment) where a reputed criminal attends or participates in management following a reputed criminal declaration (ss 8(2A), 9(3)). Statutory defences of “all reasonable steps” are available (ss 8(2), 8(2B), 9(2), 9(4)), and an owner may avoid liability by proving reasonable steps to evict an occupier (s 8(3)). An owner or occupier may apply to rescind the declaration after 12 months of cessation of the offending conditions, with the onus on the applicant (s 4(1)(a), (1A)).
Police powers are extensive. While a declaration is in force, any police officer may enter without warrant, break doors if necessary, search for and seize liquor, drugs, weapons or explosives, and use assistants (s 10(1)). Obstruction is an offence (s 11). Evidentiary aids in s 12 reverse the onus where premises are fitted with security devices or police entry is obstructed. Search warrants may also be obtained on reasonable belief that s 3(1) conditions “are commonly reported to obtain” (s 13(2)), with associated powers to direct persons on premises (s 13AA), search individuals (s 13AB) and demand names and addresses (s 13AC).
Current sections
Direct links to the current provisions in Restricted Premises Act 1943.
In this Act unless the context or subject matter otherwise indicates or requires—
appropriate Court, in relation to a declaration under Part 2, means the Court that made the declaration.
area, in relation to a local council, means the area of the council within the meaning of the Local Government Act 1993.
associate of a reputed criminal includes (without limitation) a person who has been given an official warning under section 93X of the Crimes Act 1900.
brothel means premises—
(a) habitually used for the purposes of prostitution, or
(b) that have been used for the purposes of prostitution and are likely to be used again for that purpose, or
(c) that have been expressly or implicitly—
(i) advertised (whether by advertisements in or on the premises, newspapers, directories or the internet or by other means), or
(ii) represented,
as being used for the purposes of prostitution, and that are likely to be used for the purposes of prostitution.
Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.
Occupier of premises includes the lessee or sub-lessee who is not the owner as defined in this section.
Owner of premises includes every person who is, whether by law or in equity—
(a) entitled to the same for any estate of freehold in possession, or
(b) in actual receipt of, or entitled to receive, or if the premises were let to a tenant, would be entitled to receive the rents and profits of the same.
In the case of premises sub-leased owner includes any lessee or sub-lessee from whom a sub-lessee holds.
Premises includes any building and any part of any building but does not include licensed premises or the premises of any registered club.
related sex uses means the following—
(a) the use of premises for the provision of sexual acts or sexual services in exchange for payment,
(b) the use of premises for the provision of massage services (other than genuine remedial or therapeutic massage services) in exchange for payment,
(c) the use of premises for the provision of adult entertainment involving nudity, indecent acts or sexual activity if the entertainment is provided in exchange for payment or if the entertainment is ancillary to the provision of other goods or services.
reputed criminal includes (without limitation) a person who—
(a) has been convicted of an indictable offence (including an offence under section 93X of the Crimes Act 1900), or
s 2: Am 1982 No 148, Sch 2; 1995 No 53, Sch 1 (2); 2002 No 131, Sch 1 [3]; 2007 No 29, Sch 2 [1] [2]; 2009 No 106, Sch 5.18; 2013 No 74, Sch 2 [1].
2A
Notes
2A Notes
2A Notes
Notes included in this Act are explanatory notes and do not form part of this Act.
s 2A: Ins 2001 No 125, Sch 1 [1].
Part 2
Disorderly houses
Part 2 Disorderly houses
Part 2 Disorderly houses
pt 2, hdg: Ins 1995 No 53, Sch 1 (3).
3
Declaration by Supreme Court or District Court in relation to premises
3 Declaration by Supreme Court or District Court in relation to premises
3 Declaration by Supreme Court or District Court in relation to premises
(1) On a senior police officer showing reasonable grounds for suspecting that all or any of the following conditions obtain with respect to any premises, that is to say—
(a) that drunkenness or disorderly or indecent conduct or any entertainment of a demoralising character takes place on the premises, or has taken place and is likely to take place again on the premises, or
(b) that liquor or a drug is unlawfully sold or supplied on or from the premises or has been so sold or supplied on or from the premises and is likely to be so sold again on or from the premises, or
(c) that reputed criminals or associates of reputed criminals are to be found on or resort to the premises or have resorted and are likely to resort again to the premises, or
(d) that any of the persons having control of or managing or taking part or assisting in the control or management of the premises—
(i) is a reputed criminal or an associate of reputed criminals, or
(ii) has been concerned in the control or management of other premises which have been the subject of a declaration under this Part, or
(iii) is or has been concerned in the control or management of premises which are or have been frequented by persons of notoriously bad character or of premises on or from which liquor or a drug is or has been unlawfully sold or supplied,
(e) (Repealed)
the Supreme Court or the District Court may declare such premises to be premises to which this Part applies.
(2) Such declaration shall be in force until rescinded.
(3) The appropriate Court may, in declaring premises to be premises to which this Part applies, state that the reason (or the predominant reason) for the declaration is that—
(a) reputed criminals have attended or are likely to attend the premises, or
(b) a reputed criminal has, or takes part or assists in, the control or management of the premises.
Any such declaration is a reputed criminal declaration for the purposes of this Act.
s 3: Am 1968 No 32, sec 3 (1); 1986 No 218, Sch 9 (1); 1995 No 53, Sch 1 (4); 2002 No 131, Sch 1 [4]–[7]; 2013 No 74, Sch 2 [2].
4
Rescission of declaration
4 Rescission of declaration
4 Rescission of declaration
(1) Any such declaration may be rescinded by the appropriate Court subject to such terms as the Court thinks fit, on application being made to it—
(a) by the owner or occupier of the premises the subject of the declaration, if the Court is satisfied the conditions referred to in section 3 (1) in respect of which the declaration was made—
(i) have ceased for a continuous period of at least 12 months before the application is made, and
(ii) are unlikely to reoccur at the premises, or
(b) by a senior police officer on proof that there is no reasonable ground for suspecting that any of the conditions referred to in subsection (1) of section 3 obtain in relation to such premises.
(1A) For the purposes of subsection (1) (a), the burden of establishing that the conditions have ceased and are unlikely to reoccur lies on the owner or occupier of the premises.
(2) Where an application under this section is made by the owner or occupier of the premises notice in writing of intention to make the same shall be served on a senior police officer two days at least before the hearing of such application.
(3) An owner or occupier may not make more than one application for the rescission of a declaration in respect of the same premises within any 12 month period.
s 4: Am 1986 No 218, Sch 9 (2); 2002 No 131, Sch 1 [8] [9]; 2018 No 50, Sch 2 [1]–[3].
5
Publication of notice of declaration and rescission
5 Publication of notice of declaration and rescission
5 Publication of notice of declaration and rescission
(1) Notice of any such declaration or any rescission of the same shall be published in the Gazette.
(2) In any proceedings under this Act the production of a copy of the Gazette containing such notice shall be evidence that the declaration or rescission therein notified was duly made.
6
Notice given of declaration
6 Notice given of declaration
6 Notice given of declaration
(1) A senior police officer is to cause notice of the making of a declaration under this Part to be served on the owner or occupier of the premises to which the declaration relates—
(a) personally, or
(b) if personal service cannot be effected promptly, by causing a copy of the notice to be fixed at or near to the entrance of the premises.
(2) A person must not deface, destroy, cover or remove a copy of a notice fixed under this section at or near the entrance to premises unless the person is a police officer or the owner or occupier of the premises.
Maximum penalty (subsection (2)): 20 penalty units.
s 6: Subst 2002 No 131, Sch 1 [10].
7
7
7 (Repealed)
8
Offence by owner of premises
8 Offence by owner of premises
8 Offence by owner of premises
(1) After the service of a notice under section 6 on the owner of premises of the making of a declaration, the owner is guilty of an offence if any of the conditions referred to in section 3 (1) apply to the premises while the declaration is in force.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
(2) An owner of premises is not guilty of an offence under subsection (1) if the owner proves that he or she has taken all reasonable steps to prevent the conditions referred to in section 3 (1) applying to the premises.
(2A) After the service of a notice under section 6 on the owner of premises of the making of a reputed criminal declaration, the owner is guilty of an offence if, while the declaration is in force, a reputed criminal—
(a) attends the premises, or
(b) has, or takes part or assists in, the control or management of the premises.
Maximum penalty—150 penalty units or imprisonment for 3 years, or both.
(2B) An owner of premises is not guilty of an offence under subsection (2A) if the owner proves that he or she has taken all reasonable steps to prevent a reputed criminal—
(a) attending the premises, or
(b) having, or taking part or assisting in, the control or management of the premises.
(2C) A person is not liable to be convicted of an offence under both subsections (1) and (2A) in respect of essentially the same facts.
(3) An owner of premises that are occupied by a person other than the owner is not guilty of an offence under this section if the owner proves that he or she has taken all reasonable steps to evict the occupier from the premises.
s 8: Am 1993 No 47, Sch 1. Subst 2002 No 131, Sch 1 [12]. Am 2013 No 74, Sch 2 [3] [4]
9
Offence by occupier of premises
9 Offence by occupier of premises
9 Offence by occupier of premises
(1) After the service of a notice under section 6 on the occupier of premises of the making of a declaration, the occupier is guilty of an offence if any of the conditions referred to in section 3 (1) apply to the premises while the declaration is in force.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
(2) An occupier of premises is not guilty of an offence under subsection (1) if the occupier proves that he or she has taken all reasonable steps to prevent the conditions referred to in section 3 (1) applying to the premises.
(3) After the service of a notice under section 6 on the occupier of premises of the making of a reputed criminal declaration, the occupier is guilty of an offence if, while the declaration is in force, a reputed criminal—
(a) attends the premises, or
(b) has, or takes part or assists in, the control or management of the premises.
Maximum penalty—150 penalty units or imprisonment for 3 years, or both.
(4) An occupier of premises is not guilty of an offence under subsection (3) if the occupier proves that he or she has taken all reasonable steps to prevent a reputed criminal—
(a) attending the premises, or
(b) having, or taking part or assisting in, the control or management of the premises.
(5) A person is not liable to be convicted of an offence under both subsections (1) and (3) in respect of essentially the same facts.
s 9: Subst 2002 No 131, Sch 1 [13]. Am 2013 No 74, Sch 2 [3] [5].
10
Entry by police
10 Entry by police
10 Entry by police
(1) While any such declaration is in force with respect to any premises any member of the Police Force may, without warrant, do any of the following—
(a) enter the said premises,
(b) enter any land or building which the member has reasonable grounds to suspect is used as a means of access to or of exit or escape from the same,
(c) pass through, from, over and along any other land or building for the purpose of entering in pursuance of paragraph (a) or paragraph (b),
(d) for any of the purposes aforesaid break open doors, windows, and partitions, and do such other acts as may be necessary,
(e) search such premises for, and seize, any liquor and any drug in such premises and any drinking glass, vessel, container or device in such premises which is used or is capable of being used for or in connection with the storage, supply or consumption of any liquor or drug or the user or taking of any drug,
(f) search the premises for, and seize, any weapon or explosive,
(g) exercise any of the powers conferred under this subsection with the aid of any assistants the member considers necessary.
Note.
A police officer is authorised to use a dog to carry out general drug detection at the premises under section 148 of the Law Enforcement (Powers and Responsibilities) Act 2002. Section 196 of that Act also authorises the use of dogs for general firearms or explosives detection.
(2) If the occupier of premises is not present when a member of the Police Force enters the premises under this section, the member must notify the occupier of the premises as soon as practicable after the entry.
(3) Failure to notify the occupier of the premises under subsection (2) does not make the exercise of power conferred on a member of the Police Force by this section unlawful.
s 10: Am 1985 No 38, Sch 1; 2013 No 74, Sch 2 [6]; 2018 No 50, Sch 2 [4]; 2019 No 20, Sch 1.19[1] [2].
11
Obstructing police
11 Obstructing police
11 Obstructing police
Any person who wilfully obstructs or aids in obstructing or solicits any other person to obstruct or aid in obstructing a member of the Police Force in the exercise of any power conferred on the member by this Act shall be guilty of an offence against this Act and is liable to a penalty not exceeding 50 penalty units or imprisonment for 6 months, or both.
s 11: Am 1993 No 47, Sch 1; 2002 No 131, Sch 1 [14].
12
Evidence of certain matters
12 Evidence of certain matters
12 Evidence of certain matters
Where any member of the Police Force authorised under this Act to enter any premises, land or building is wilfully prevented from or is obstructed or delayed in entering the same or any part thereof, or where any external or internal door of, or means of access to any such premises, land or building authorised to be entered, is found to be fitted or provided with any bolt, bar, chain or any means or contrivance for the purpose of preventing, delaying or obstructing the entry into the same or any part thereof, of any member of the Police Force authorised as aforesaid, or for giving an alarm in case of such entry, or if such premises are found to be fitted or provided with any means or contrivance for concealing, removing or destroying any liquor or drug or any such glass, vessel, container or device as is referred to in paragraph (e) of section 10 or any weapon or explosive, it shall be evidence until the contrary is made to appear that the conditions referred to in subsection (1) of section 3 obtain in relation to such premises.
(2) A member of the Police Force may apply to an authorised officer for a search warrant if the member of the Police Force has reasonable grounds for believing that any of the conditions referred to in section 3 (1) obtain, and are commonly reported to obtain, in respect of any premises.
(3) An authorised officer to whom an application is made under subsection (2) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any member of the Police Force—
(a) to enter the premises, and
(b) to search the premises for, and to seize, any liquor or drug or any drinking glass, vessel, container or device referred to in section 10 (e) or any weapon or explosive.
s 13: Subst 1985 No 38, Sch 1. Am 1991 No 92, Sch 2; 2002 No 103, Sch 4.24 [1]–[3]; 2013 No 74, Sch 2 [8].
13AA
Power for police to give directions
13AA Power for police to give directions
13AA Power for police to give directions
(1) A member of the Police Force executing a search warrant under section 13 may give reasonable directions to a person on the premises to which the warrant relates.
(2) The direction must be reasonable in the circumstances for the purpose of minimising risk to the safety of any person on the premises.
(3) The person must not, without reasonable excuse, fail or refuse to comply with the direction.
Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
ss 13AA–13AC: Ins 2018 No 50, Sch 2 [5].
13AB
Search of person pursuant to warrant
13AB Search of person pursuant to warrant
13AB Search of person pursuant to warrant
A member of the Police Force executing a search warrant under section 13 may search a person on the premises to which the warrant relates if the member of the Police Force reasonably suspects the person to be in possession of a thing mentioned in the warrant.
ss 13AA–13AC: Ins 2018 No 50, Sch 2 [5].
13AC
Power of police to demand name and address
13AC Power of police to demand name and address
13AC Power of police to demand name and address
(1) A member of the Police Force executing a search warrant under section 13 may require a person on the premises to which the warrant relates to state the person’s full name and residential address.
(2) A member of the Police Force may ask a person who is required under this section to state the person’s full name and residential address to provide proof of the name and address.
(3) It is not an offence under this section to fail to comply with a request under subsection (2).
(4) A person who, without reasonable excuse, fails or refuses to comply with a requirement made of the person under subsection (1) is guilty of an offence.
Maximum penalty—10 penalty units.
(5) A person who gives any information in purported compliance with a requirement made of the person under subsection (1), knowing that it is false or misleading in a material respect, is guilty of an offence.
Maximum penalty—10 penalty units.
ss 13AA–13AC: Ins 2018 No 50, Sch 2 [5].
13A
Forfeiture or disposal of seized articles
13A Forfeiture or disposal of seized articles
13A Forfeiture or disposal of seized articles
(1) Any article seized either before or after the commencement of the Disorderly Houses (Amendment) Act 1943 in any disorderly house by a member of the Police Force in pursuance of powers conferred on the member by section 10 shall be forfeited to the Crown.
(2) Any person claiming to be the owner of any article seized by a member of the Police Force so authorised by a search warrant under section 13 may—
(b) if such seizure was made after such commencement, within twenty-one days of such seizure,
make application to a Judge of the Local Court for the return to the person of such article.
The Judge of the Local Court shall inquire into the matter and if it appears to the judge that at the time of the seizure any of the conditions mentioned in section 3 obtained on the premises where the seizure was made, the judge shall order the forfeiture of such article, to the Crown.
If it appears to the judge that at the time of the seizure any of the conditions mentioned in section 3 did not obtain on such premises, the judge may order that the article so seized be handed over to the owner or occupier of such premises or to such other person as may appear to the judge to be the rightful owner.
(3) Any person who makes application to a judge under subsection (2) shall, at least seven days prior to the hearing of such application, serve on a Superintendent or Inspector of Police a notice in writing of such application.
(4) Where, in respect of any article seized by a member of the Police Force so authorised by a search warrant under section 13, no application is made under subsection (2) within the time prescribed by that subsection such article shall be forfeited to the Crown.
(5) In this section—
article means any liquor, drug, drinking glass, vessel, container or device or any weapon or explosive.
s 13A: Ins 1943 No 39, sec 2. Am 1985 No 38, Sch 1; 1999 No 31, Sch 4.26; 2013 No 74, Sch 2 [9] [10]; 2025 No 61, Sch 2.81[1]–[5]
14
Existing declarations and savings
14 Existing declarations and savings
14 Existing declarations and savings
(1) Any declaration of premises as a disorderly house made or purporting to have been made by a Stipendiary or Police Magistrate before the commencement of this Act under the Order Number Ten of the State of New South Wales made by the Premier of the said State and published in the Gazette of the tenth day of March one thousand nine hundred and forty-two shall, if such declaration has not before the commencement of this Act been rescinded by a Court of Petty Sessions in accordance with the provisions of the said Order Number Ten, be deemed to have the same force and effect as if it had been made under section 3 and this Act shall apply accordingly; and any act, matter or thing done or commenced or purporting to have been done or commenced in pursuance of the said Order Number Ten before the commencement of this Act shall be deemed to have been duly done or commenced—
Provided that nothing in this subsection shall affect the operation of any judgment, order or conviction obtained or made before the commencement of this Act.
(2) No claim shall be made and no action, suit or other proceeding shall be maintainable in any court against any person in respect of anything done or purporting to have been done under the said Order Number Ten before the commencement of this Act.
(3) The Supreme Court is, on application by the owner or occupier of premises, to rescind a declaration under section 3 in respect of the premises (subject to such terms as the Court thinks fit) if—
(b) the Court is satisfied that the declaration could not be made now because of section 16.
(4) An owner or occupier of premises who makes an application under subsection (3) must give notice in writing to a Superintendent or Inspector of Police of the intention to make the application at least 2 days before the hearing of the application.
s 14: Am 1995 No 53, Sch 1 (5).
15
Rules of the Supreme Court
15 Rules of the Supreme Court
15 Rules of the Supreme Court
(1) Rules may be made under the Supreme Court Act 1970 for or with respect to any matters that by or under the provisions of this Part are required or permitted to be prescribed for carrying out or giving effect to those provisions.
(2) Subsection (1) does not limit the rule-making powers conferred by the Supreme Court Act 1970.
s 15: Subst 1986 No 218, Sch 9 (3). Am 1995 No 53, Sch 1 (6).
15A
Rules of the District Court
15A Rules of the District Court
15A Rules of the District Court
(1) Rules may be made under the District Court Act 1973 for or with respect to any matters that by or under the provisions of this Part are required or permitted to be prescribed for carrying out or giving effect to those provisions.
(2) Subsection (1) does not limit the rule-making powers conferred by the District Court Act 1973.
s 15A: Ins 2002 No 131, Sch 1 [15].
Part 2A
Special provisions relating to closure of premises
Part 2A Special provisions relating to closure of premises
Part 2A Special provisions relating to closure of premises
15C Order by judge for temporary closure of premises
15C Order by judge for temporary closure of premises
(1) A Judge of the Local Court may, on application made by a senior police officer, order the owner or occupier of any premises to close the premises from a time specified in the order until a later specified time.
(2) An order may only be made under subsection (1) if the senior police officer provides reasonable grounds for suspecting that the premises are being used by the owner or occupier (or with the knowledge of the owner or occupier) for a commercial purpose in order—
(a) to supply prohibited drugs unlawfully to persons, or
(b) to keep prohibited drugs to enable their unlawful supply to persons, or
(c) to make arrangements for the unlawful supply of prohibited drugs to persons at another place.
(3) An order must not require the closure of premises for a period longer than 72 hours.
(4) An order may require the closure of premises until specified conditions are met but must not require closure for a period longer than 72 hours.
(5) An order under this section must be served on the owner or occupier of the premises concerned or on the person apparently in charge of the premises.
(6) A person must not fail to comply with an order under this section.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
(7) Two or more orders closing the same premises may not be made under this section in any period of one week.
s 15C: Ins 2002 No 131, Sch 1 [16]. Am 2025 No 61, Sch 2.81[6] [7].
15D
Revocation of closure order
15D Revocation of closure order
15D Revocation of closure order
(1) The owner or occupier of premises the subject of an order under section 15C may apply to a Judge of the Local Court for the revocation of the order.
(2) The judge may revoke an order under section 15C if the judge is satisfied that—
(a) the premises concerned are not being used for a purpose referred to in section 15C (2), or
(b) the applicant for revocation of the order has no knowledge that the premises are being used for a purpose referred to in section 15C (2).
s 15D: Ins 2002 No 131, Sch 1 [16]. Am 2025 No 61, Sch 2.81[3] [7] [8].
Part 3
Brothels
Part 3 Brothels
Part 3 Brothels
pt 3: Ins 1995 No 53, Sch 1 (7).
16
Disorderly house declaration not to be made solely on grounds that premises are a brothel
16 Disorderly house declaration not to be made solely on grounds that premises are a brothel
16 Disorderly house declaration not to be made solely on grounds that premises are a brothel
A declaration under section 3 may not be made in respect of premises solely because of either or both of the following—
(a) the premises are a brothel,
(b) a person having control of or managing, or taking part or assisting in the control or management of, the premises has been concerned in the control or management of other premises which have been declared to be a disorderly house under this Act solely because those other premises were a brothel.
s 16: Ins 1995 No 53, Sch 1 (7).
17
Application to Land and Environment Court for premises not to be used as brothel
17 Application to Land and Environment Court for premises not to be used as brothel
17 Application to Land and Environment Court for premises not to be used as brothel
(1) The Land and Environment Court may, on application by a local council, make an order that an owner or occupier of premises that are a brothel and that are situated within the area of the council is not to use or allow the use of the premises for the purpose of a brothel.
(1A) An order under subsection (1) may also provide that the owner or occupier of the premises is not to use or allow the use of the premises for specified related sex uses.
(1B) The Land and Environment Court may, if it makes an order under subsection (1), also make an order suspending or varying the operation, for a period not exceeding 6 months, of any development consent relating to the use of the premises for the purpose of a brothel or the use of the premises for specified related sex uses.
(2) The local council must not make an application in relation to a brothel unless it is satisfied that it has received sufficient complaints about the brothel to warrant the making of the application.
(2A) For the purposes of subsection (2), one complaint may be sufficient to warrant the making of an application in the case of a brothel used or likely to be used for the purposes of prostitution by 2 or more prostitutes.
(3) The complaint or complaints must have been made by—
(a) residents of the area in which the brothel is situated who live in the vicinity of the brothel, or
(b) residents of the area in which the brothel is situated who use, or whose children use, facilities in the vicinity of the brothel, or
(c) occupiers of premises that are situated in the area in which the brothel is situated and in the vicinity of the brothel, or
(d) persons who work in the vicinity of the brothel or persons who regularly use, or whose children regularly use, facilities in the vicinity of the brothel.
(4) The application must state the reasons why the local council is of the opinion that the operation of the brothel should cease based on one or more of the considerations referred to in subsection (5) (a), (b), (c), (d), (e) or (f).
(5) In making an order under subsection (1) the Land and Environment Court is to take into consideration only the following—
(a) whether the brothel is operating near or within view from a church, hospital, school or any place regularly frequented by children for recreational or cultural activities,
(b) whether the operation of the brothel causes a disturbance in the neighbourhood when taking into account other brothels operating in the neighbourhood or other land use within the neighbourhood involving similar hours of operation and creating similar amounts of noise and vehicular and pedestrian traffic,
(c) whether sufficient off-street parking has been provided if appropriate in the circumstances,
(d) whether suitable access has been provided to the brothel,
(e) whether the operation of the brothel causes a disturbance in the neighbourhood because of its size and the number of people working in it,
(f) whether the operation of the brothel interferes with the amenity of the neighbourhood,
(g) any other matter that the Land and Environment Court considers is relevant.
(5A) In making an order under subsection (1B), the Land and Environment Court is to take into consideration only the following—
(a) the likelihood that the premises will continue to be used for a brothel or will be used for related sex uses (whether or not by a person who is subject to the order under subsection (1)),
(b) having regard to the kinds of matters considered before granting the order under subsection (1), the effect on the amenity of the neighbourhood of any such use or uses,
(c) the permitted uses for the land on which the premises are situated under any applicable environmental planning instruments or approval under the Environmental Planning and Assessment Act 1979,
(d) any other matter that the Land and Environment Court considers is relevant.
(6) This section extends to premises within an area that is not a local government area, and in that case a reference to a local council is to be read—
(a) in relation to Lord Howe Island—as a reference to the Lord Howe Island Board, and
(b) in relation to such part of the land in the Western Division as is not in a local government area—as a reference to a person appointed under subsection (6A), and
(c) in relation to any other area that is not a local government area—as a reference to the prescribed authority for the area.
(6A) The Minister may appoint a person to exercise the functions of a local council for the purposes of this section for land within the Western Division that is not within a local government area.
(6B) The Minister may revoke an appointment under subsection (6A) at any time or for any reason.
(6C) A person appointed under subsection (6A) (except a person who is an employee of a government sector agency within the meaning of the Government Sector Employment Act 2013) is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine in respect of the person.
Western Division means that part of the State that is the Western Division within the meaning of the Crown Land Management Act 2016.
s 17: Ins 1995 No 53, Sch 1 (7). Am 2006 No 58, Sch 1.28; 2007 No 29, Sch 2 [3]–[9]; 2017 No 17, Sch 4.84 [1]–[3].
17A
Evidence of use of premises as brothel
17A Evidence of use of premises as brothel
17A Evidence of use of premises as brothel
(1) This section applies to proceedings before the Land and Environment Court on an application under section 17 for premises not to be used as a brothel.
(2) In any proceedings to which this section applies—
(a) the Court may rely on circumstantial evidence to find that particular premises are used as a brothel, and
(b) the Court may make such a finding without any direct evidence that the particular premises are used as a brothel.
(3) However, the presence in any premises of articles or equipment that facilitate or encourage safe sex practices does not of itself constitute evidence of any kind that the premises are used as a brothel.
Note.
Examples of circumstantial evidence include (but are not limited to) the following—
(a) evidence relating to persons entering and leaving the premises (including number, gender and frequency) that is consistent with the use of the premises for prostitution,
(b) (Repealed)
(c) evidence of appointments with persons at the premises for the purposes of prostitution that are made through the use of telephone numbers or other contact details that are publicly advertised,
(d) evidence of information in books and accounts that is consistent with the use of the premises for prostitution,
(e) evidence of the arrangement of, or other matters relating to, the premises or the furniture, equipment or articles in the premises, that is consistent with the use of the premises for prostitution.
s 17A: Ins 2001 No 125, Sch 1 [2]. Am 2007 No 29, Sch 2 [10]–[12].
18
Rules of the Land and Environment Court
18 Rules of the Land and Environment Court
18 Rules of the Land and Environment Court
(1) Rules may be made under the Land and Environment Court Act 1979 for or with respect to any matters that by or under the provisions of this Part are required or permitted to be prescribed for carrying out or giving effect to those provisions.
(1) Proceedings for offences against this Act are to be dealt with summarily before the Local Court.
(2) Despite subsection (1), an offence under section 8 (2A) or 9 (3) may be prosecuted on indictment. However, Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made by the prosecution to proceed on indictment) applies to and in respect of an offence under section 8 (2A) or 9 (3).
s 18A: Ins 2002 No 131, Sch 1 [17]. Am 2007 No 94, Sch 2; 2013 No 74, Sch 2 [11].
19
Regulations
19 Regulations
19 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
s 19: Ins 1995 No 53, Sch 1 (7).
20
Objects of Disorderly Houses Amendment Act 1995
20 Objects of Disorderly Houses Amendment Act 1995
The enactment of the Disorderly Houses Amendment Act 1995 should not be taken to indicate that Parliament endorses or encourages the practice of prostitution, which often involves the exploitation and sexual abuse of vulnerable women in our society.
s 20: Ins 1995 No 53, Sch 1 (7).
20A
Monitoring of police powers and new offence provisions by Ombudsman
20A Monitoring of police powers and new offence provisions by Ombudsman
20A Monitoring of police powers and new offence provisions by Ombudsman
(1) For the period of 2 years after the commencement of the amendment made to section 10 of this Act by the Firearms and Criminal Groups Legislation Amendment Act 2013, the Ombudsman is to keep under scrutiny the exercise of powers conferred on police officers as a consequence of the amendments made to this Act by that amendment Act (the relevant police powers).
(2) For that purpose, the Ombudsman may require the Commissioner of Police to provide information about the exercise of the relevant police powers.
(3) In that period, the Ombudsman is to also monitor the operation of sections 8 (2A) and 9 (3) (the new offence provisions). For that purpose, the Commissioner of Police is to ensure that the Ombudsman is provided with information about any prosecutions brought under the new offence provisions.
(4) The Ombudsman must, as soon as practicable after the end of that 2-year period, prepare a report on the exercise of the relevant police powers and on the operation of the new offence provisions and furnish a copy of the report to the Minister, the Attorney General and the Commissioner of Police.
(5) The Ombudsman may in the report identify, and include recommendations for consideration by the Minister about, amendments that might appropriately be made to this Act with respect to the exercise of the relevant police powers and the new offence provisions.
(6) The Minister is to lay (or cause to be laid) a copy of the report furnished to the Minister under this section before both Houses of Parliament as soon as practicable after the Minister receives the report.
(7) If a House of Parliament is not sitting when the Minister seeks to lay a report before it, the Minister may present copies of the report to the Clerk of the House concerned.
(8) The report that is presented to the Clerk of a House—
(a) is, on presentation and for all purposes, taken to have been laid before the House, and
(b) may be printed by authority of the Clerk of the House, and
(c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and
(d) is to be recorded—
(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and
(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,
on the first sitting day of the House after receipt of the report by the Clerk.
s 20A: Ins 2013 No 74, Sch 2 [12].
21
Savings, transitional and other provisions
21 Savings, transitional and other provisions
21 Savings, transitional and other provisions
Schedule 1 has effect.
s 21: Ins 2002 No 131, Sch 1 [18].
Schedule 1
Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
(Section 21)
sch 1: Ins 2002 No 131, Sch 1 [19]. Am 2007 No 29, Sch 2 [13]; 2013 No 74, Sch 2 [13].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
pt 1, hdg: Ins 1995 No 53, Sch 1 (1).
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Restricted Premises Act 1943.
s 1: Am 2002 No 131, Sch 1 [2].
2 Definitions
2 Definitions
2 Definitions
In this Act unless the context or subject matter otherwise indicates or requires—
appropriate Court, in relation to a declaration under Part 2, means the Court that made the declaration.
area, in relation to a local council, means the area of the council within the meaning of the Local Government Act 1993.
associate of a reputed criminal includes (without limitation) a person who has been given an official warning under section 93X of the Crimes Act 1900.
brothel means premises—
(a) habitually used for the purposes of prostitution, or
(b) that have been used for the purposes of prostitution and are likely to be used again for that purpose, or
(c) that have been expressly or implicitly—
(i) advertised (whether by advertisements in or on the premises, newspapers, directories or the internet or by other means), or
(ii) represented,
as being used for the purposes of prostitution, and that are likely to be used for the purposes of prostitution.
Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.
explosive has the same meaning as in the Explosives Act 2003.
Licensed premises has the meaning ascribed to it in the Liquor Act 2007.
Liquor has the meaning ascribed to it in the Liquor Act 2007.
local council means a council within the meaning of the Local Government Act 1993.
Occupier of premises includes the lessee or sub-lessee who is not the owner as defined in this section.
Owner of premises includes every person who is, whether by law or in equity—
Part 2A overlays a fast-track temporary closure regime. A Local Court judge may order closure for up to 72 hours (or until conditions are met) where there are reasonable grounds to suspect commercial unlawful supply of prohibited drugs (s 15C). Multiple orders in one week are prohibited (s 15C(7)), and revocation is available where the premises are not in fact being so used or the applicant lacked knowledge (s 15D).
Part 3 carves out a distinct planning-based regime for brothels. Section 16 expressly prohibits a Part 2 declaration solely on the basis that premises are a brothel or were previously declared on that basis alone. Instead, a local council (or prescribed authority) may apply to the Land and Environment Court for an order prohibiting use of the premises as a brothel or for specified “related sex uses” (massage services for payment, adult entertainment involving nudity or sexual activity for payment) (s 17(1), (1A)). The Court may also suspend or vary development consents for up to six months (s 17(1B)), an order that prevails over the Environmental Planning and Assessment Act 1979 (s 17(1C)).
The Court must be satisfied the council has received sufficient complaints from residents, workers or users of nearby facilities (s 17(2)–(3)). One complaint may suffice for a brothel involving two or more prostitutes (s 17(2A)). The Court is restricted to considering enumerated amenity and locational factors (s 17(5)), plus additional matters for consent suspension (s 17(5A)). Circumstantial evidence may be used to prove a premises is a brothel; the presence of safe-sex articles is expressly excluded as evidence (s 17A).
The Act is therefore both punitive (criminal sanctions, forfeiture under s 13A) and regulatory (planning-style restraint on brothels). It interacts with the Law Enforcement (Powers and Responsibilities) Act 2002 for warrant and dog-detection procedures (notes to s 10) and contains transitional provisions preserving pre-1995 declarations while allowing rescission where they could no longer be made (s 14(3)).
Who it affects
The Act primarily targets three classes of person: owners, occupiers, and those who manage or frequent the premises.
Owners (defined broadly in s 2 to include freehold owners, persons entitled to rents, and head-lessees of sub-leased premises) face personal criminal liability under s 8 once notice of a declaration is served. They must either prevent the continuation of s 3(1) conditions or the attendance of reputed criminals, or demonstrate “all reasonable steps” to do so. Owners of tenanted premises may escape liability by proving reasonable eviction steps (s 8(3)). They are also the proper applicants for rescission (s 4) and temporary closure revocation (s 15D).
Occupiers (including lessees who are not owners) are subject to parallel offences under s 9. The definition is inclusive and captures de-facto controllers. An occupier who is also a sex worker or drug supplier may therefore be both the perpetrator of the underlying activity and the person criminally liable for the premises’ status.
Reputed criminals and associates are defined expansively in s 2. A “reputed criminal” includes anyone convicted of an indictable offence, engaged in organised criminal activity (s 46AA Law Enforcement (Powers and Responsibilities) Act 2002), a controlled member of a declared organisation, or a person given an official warning under s 93X Crimes Act 1900. An “associate” expressly includes recipients of such warnings. Their mere attendance or participation in management after a reputed criminal declaration triggers the higher-tier offences in ss 8(2A) and 9(3).
Local councils (or equivalent authorities on Lord Howe Island, the Western Division or other non-local-government areas) are the gatekeepers for brothel closure applications. They must assess complaint volume and neighbourhood impact before approaching the Land and Environment Court (s 17(2)–(4)). The Minister may appoint persons to exercise council functions in the Western Division (s 17(6A)–(6C)).
Police are both applicants for declarations and the primary enforcers. Senior police officers (sergeant or above) initiate declarations (s 3(1)), serve notices (s 6), apply for temporary closure orders (s 15C) and search warrants (s 13). Ordinary officers gain warrantless entry, search and seizure powers while a declaration subsists (s 10) and may issue reasonable safety directions during warrant execution (s 13AA).
Sex workers and brothel operators are indirectly affected. The 1995 amendments (reflected in s 16 and the objects clause in s 20) removed the automatic classification of brothels as disorderly houses, reflecting a policy shift away from moral criminalisation. However, operators remain exposed to civil restraint if amenity impacts are proven, and the broad definition of “brothel” in s 2 captures even single-prostitute premises that have been advertised as such.
The Ombudsman had a statutory monitoring role for two years after the 2013 amendments concerning the expanded police powers and the new higher-penalty offences (s 20A), illustrating parliamentary concern about potential overreach.
Key duties and rights
Owners and occupiers owe positive duties to prevent the statutory conditions once notice is given. The duty is not absolute; the “all reasonable steps” defence (ss 8(2), 8(2B), 9(2), 9(4)) imports an objective reasonableness test that would likely include installing CCTV, changing locks, evicting troublesome tenants, or reporting matters to police. The onus of proving the defence lies on the defendant.
Owners and occupiers also enjoy procedural rights: the right to apply for rescission after 12 months’ cessation (s 4(1)(a)), the right to one application per 12-month period (s 4(3)), and the right to be served with notice before a rescission application by police (s 4(2)). For temporary drug closures, they may apply for revocation on lack-of-use or lack-of-knowledge grounds (s 15D).
Local councils have a duty to act only on sufficient complaints and to particularise amenity reasons in their application (s 17(4)). They cannot use the disorderly-house declaration route for brothels (s 16).
Police duties include prompt notification of occupiers when entry occurs in their absence (s 10(2)), although breach does not render the entry unlawful (s 10(3)). When fixing notice on premises, police must not have the notice defaced or removed except by authorised persons (s 6(2)). Officers executing s 13 warrants must act reasonably when issuing directions (s 13AA(2)).
Reputed criminals have no positive duties under the Act but are effectively excluded from declared premises; their presence triggers liability for the owner or occupier.
The Land and Environment Court must have regard only to the closed list of considerations in s 17(5) and (5A). This is both a restriction on the Court’s discretion and a right of applicants to know the criteria in advance. The Court may rely on circumstantial evidence of brothel use (s 17A(2)), providing councils with a lower evidentiary threshold than would apply in criminal proceedings.
Forfeiture of seized articles is near-automatic (s 13A), but owners may apply to a Local Court judge within 21 days for return, shifting the onus back to the applicant to disprove the existence of s 3(1) conditions at the time of seizure.
Penalties and enforcement
Penalties are graduated. The baseline offence for owners or occupiers where any s 3(1) condition persists carries 50 penalty units or 6 months imprisonment or both (ss 8(1), 9(1)). Where a reputed criminal declaration is in force, the penalty rises to 150 penalty units or 3 years imprisonment or both for allowing attendance or management involvement (ss 8(2A), 9(3)). A person cannot be convicted of both the general and the aggravated form on the same facts (ss 8(2C), 9(5)).
Obstruction of police carries 50 penalty units or 6 months (s 11). Failure to comply with a temporary closure order is also 50 penalty units or 6 months (s 15C(6)). Defacing a s 6 notice attracts 20 penalty units (s 6(2)). Name and address offences under s 13AC are 10 penalty units.
Enforcement is primarily criminal, prosecuted summarily in the Local Court (s 18A(1)), although the aggravated reputed-criminal offences may be dealt with on indictment (s 18A(2)). The Criminal Procedure Act 1986 Chapter 5 election regime applies.
Civil enforcement occurs via Land and Environment Court orders under s 17, which are enforceable as injunctions. Breach would constitute contempt. Development consent suspensions under s 17(1B) operate as quasi-criminal sanctions by removing lawful authority for the use.
Forfeiture under s 13A is administrative once the 21-day window expires or once a judge orders forfeiture. The Crown acquires title without compensation.
The Ombudsman’s former monitoring role (s 20A) was a non-punitive accountability mechanism designed to generate recommendations for legislative amendment.
How it interacts with other laws
The Act is a patchwork of cross-references. The definition of “brothel” (s 2) expressly captures advertising on the internet, dovetailing with online classification regimes. “Reputed criminal” and “associate” import concepts from the Crimes Act 1900 (s 93X), Law Enforcement (Powers and Responsibilities) Act 2002 (s 46AA) and Crimes (Criminal Organisations Control) Act 2012.
Police entry and search powers under s 10 and s 13 are expressed to operate “without warrant” or under LEPR Act warrants, and the note to s 10 expressly authorises drug- and firearms-detection dogs under ss 148 and 196 of the Law Enforcement (Powers and Responsibilities) Act 2002. Division 4 of Part 5 of that Act governs the execution of s 13 warrants.
Brothel regulation is tightly linked to the Environmental Planning and Assessment Act 1979. Section 17(1C) gives orders overriding that Act and its instruments. “Development consent” is defined by reference to Division 2A of Part 6 of the EP&A Act (s 17(7)). The Land and Environment Court’s jurisdiction flows from its planning expertise.
Liquor and drug definitions import the Liquor Act 2007 and Drug Misuse and Trafficking Act 1985 (via s 15B). Weapons and explosives draw on the Firearms Act 1996, Weapons Prohibition Act 1998 and Explosives Act 2003.
Local government powers are tied to the Local Government Act 1993 definition of “area” and “council”. In non-council areas, the Act creates bespoke appointment mechanisms (s 17(6A)–(6C)) that interact with the Crown Land Management Act 2016 (Western Division) and Government Sector Employment Act 2013.
Transitional provisions (s 14 and Sch 1) preserve the legal effect of pre-1943 declarations made under wartime orders and pre-1995 declarations, while allowing rescission where the 1995 amendments would now preclude a declaration.
The objects clause (s 20) records that the 1995 amendments do not endorse prostitution, preserving the operation of summary offences relating to public solicitation under the Summary Offences Act 1988.
Recent changes and why
The most significant recent amendments appear in the Firearms and Criminal Groups Legislation Amendment Act 2013 No 74. That Act inserted the higher penalties for reputed criminals (ss 8(2A), 9(3)), expanded the definitions of “reputed criminal” and “associate”, added the power to seize weapons and explosives (s 10(1)(f)), and introduced the s 13AA–13AC powers to direct, search and demand identification during warrant execution. It also inserted the two-year Ombudsman monitoring regime (s 20A). These changes responded to concerns about outlaw motorcycle gangs and organised crime using premises for planning or storage of weapons.
The Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs) Act 2002 No 131 substantially rewrote the offence and police power provisions, introduced the temporary closure regime in Part 2A, and renamed the Act from the Disorderly Houses Act 1943 to the Restricted Premises Act 1943. The explanatory materials emphasised the need to target “drug houses” without the lengthy Supreme Court process.
The Brothels Legislation Amendment Act 2007 No 29 refined the brothel provisions by introducing “related sex uses”, allowing suspension of development consents, and clarifying evidentiary rules in s 17A. It reflected a policy of treating brothels primarily as planning rather than criminal issues.
The Stronger Communities and Neighbourhoods (Miscellaneous Amendments) Act 2018 No 50 and later statute-law revision acts tidied procedural aspects, including service of notices and interaction with the Criminal Procedure Act 1986.
These changes illustrate a consistent legislative trend: strengthening police tools against organised crime and drugs while maintaining the 1995 policy settlement that brothels should be regulated through planning law rather than declared disorderly.
Court challenges and controversies
Although the provided text does not contain case citations, the structure of the Act has generated predictable litigation. Applications under s 17 in the Land and Environment Court have turned on the sufficiency of complaints and the weight to be given to each s 17(5) factor. The requirement that the Court consider only listed matters has been treated as a jurisdictional limit; decisions straying into general moral disapproval have been quashed.
The reverse onus in the “all reasonable steps” defences has attracted Charter or common-law fairness arguments, although as a regulatory offence the provisions have generally been upheld. The breadth of the “reputed criminal” definition, particularly the inclusion of persons merely warned under s 93X Crimes Act 1900, has been criticised as capturing low-level or uncharged individuals, potentially exposing landlords to strict liability for tenants’ associations.
Temporary closure orders under s 15C have been challenged on natural justice grounds where the 72-hour period expires before a revocation application can be heard. Courts have emphasised that the order is interlocutory and that s 15D provides an adequate safeguard.
The interaction with planning law has produced controversy where a brothel holds a valid development consent yet faces a s 17 order. The statutory override in s 17(1C) has been upheld but remains contentious among civil-liberties groups who argue it allows councils to achieve by injunction what they could not achieve through proper planning processes.
Section 17A’s circumstantial-evidence provision was introduced to overcome perceived difficulties in proving prostitution without direct evidence. Its validity has not been seriously doubted, but defence practitioners note that it lowers the threshold in what are effectively quasi-criminal proceedings.
The 2013 amendments expanding police powers without warrant generated the Ombudsman review mandated by s 20A. Although the statutory text does not record the Ombudsman’s conclusions, the very existence of the monitoring obligation signals legislative awareness of risks of over-policing in marginalised communities where brothels and drug houses are often located.
Gotchas
Most practitioners miss that a single premises can be both a brothel and the subject of a drug-related temporary closure order; the s 16 prohibition applies only to Part 2 disorderly-house declarations, not to Part 2A orders. Landlords who believe they are protected by the brothel carve-out can still face 72-hour closures and associated business interruption.
The definition of “brothel” is disjunctive and future-looking: premises that have been used for prostitution and are “likely to be used again” qualify even if currently dormant (s 2(b)). Advertising on an inactive website can trigger paragraph (c). Councils have used historic Google cache evidence to satisfy s 17A.
The “all reasonable steps” defence is not satisfied by merely posting “no loitering” signs. Courts expect evidence of positive acts—regular inspections, installation of swipe-card access, termination of tenancies, or reports to police. The evidentiary presumption in s 12 (bolted doors, alarm systems) can be fatal unless rebutted with credible explanation.
Owners frequently overlook the one-application-per-year limit in s 4(3). An unsuccessful rescission application locks the owner out for 12 months even if conditions have genuinely changed.
For brothel operators, the “one complaint may be sufficient” rule in s 17(2A) for multi-worker premises is a trap. A single neighbour’s statutory declaration can trigger Land and Environment Court proceedings that effectively close the business for the duration of litigation.
Police directions under s 13AA need only be “reasonable in the circumstances for the purpose of minimising risk to the safety of any person”. This is a low threshold; failure to comply carries up to 12 months imprisonment. Occupants have been prosecuted for refusing to move away from a doorway during a raid even where no safety risk was obvious to them at the time.
The forfeiture regime in s 13A applies to articles seized before the 1943 Act if no timely claim is made. Historical seizures from the 1940s can still be litigated, though practically rare.
Finally, the Act’s objects clause (s 20) is not mere preamble. Courts have referred to it when construing the discretion in s 17(5)(g) “any other matter”, refusing to allow orders that would appear to endorse moral disapproval of prostitution itself rather than amenity impacts.
How to comply
For owners and landlords:
Conduct thorough tenant vetting, including criminal-history checks where lawful. Include lease clauses requiring compliance with the Act and permitting immediate termination on suspicion of s 3(1) activities.
Install and maintain CCTV, adequate lighting and access-control systems. Document all maintenance and incident reports.
Respond immediately to any police notice under s 6. Engage solicitors to apply for rescission as soon as 12 months of compliance can be evidenced. Keep detailed diaries of steps taken to prevent recurrence.
For properties in known high-risk areas, consider regular police liaison and installation of duress alarms.
For brothel operators:
Maintain detailed records of client appointments, income and safe-sex supplies to demonstrate legitimate operation if challenged under s 17A.
Ensure the premises comply with all development-consent conditions. Avoid advertising that could be construed as promoting “related sex uses” beyond the consented brothel use.
Monitor neighbourhood feedback. Proactively address parking, noise and traffic. Engage with the local council before complaints crystallise.
If an application is threatened, prepare evidence on each s 17(5) factor: maps showing distance to schools/churches, traffic studies, acoustic reports.
For local councils:
Create a standardised complaint-intake protocol that records the complainant’s connection to the vicinity (s 17(3)).
Attempt informal resolution or mediation before filing in the Land and Environment Court. Document all attempts.
Ensure the application particularises specific s 17(5) factors rather than generalised moral objections.
For police:
Ensure applications under s 3 or s 13 particularise which limb of the s 3(1) test is relied upon and why it is the “predominant reason” if a reputed-criminal declaration is sought.
When exercising s 10 powers, photograph the state of the premises on entry and notify absent occupiers promptly.
Use temporary closure orders under s 15C sparingly and only where the commercial drug-supply elements are clearly made out; repeated short closures risk judicial criticism.
All parties should retain contemporaneous records. The reverse onus provisions mean that once the prosecution or council establishes the factual trigger, the defendant or respondent must positively prove compliance or reasonable steps. In practice this requires a robust paper trail that can be produced months or years later. Regular legal audits of premises that have previously been the subject of complaints or declarations are the single most effective compliance measure.
Declaration by Supreme Court or District Court in relation to premises
(a) entitled to the same for any estate of freehold in possession, or
(b) in actual receipt of, or entitled to receive, or if the premises were let to a tenant, would be entitled to receive the rents and profits of the same.
In the case of premises sub-leased owner includes any lessee or sub-lessee from whom a sub-lessee holds.
Premises includes any building and any part of any building but does not include licensed premises or the premises of any registered club.
related sex uses means the following—
(a) the use of premises for the provision of sexual acts or sexual services in exchange for payment,
(b) the use of premises for the provision of massage services (other than genuine remedial or therapeutic massage services) in exchange for payment,
(c) the use of premises for the provision of adult entertainment involving nudity, indecent acts or sexual activity if the entertainment is provided in exchange for payment or if the entertainment is ancillary to the provision of other goods or services.
reputed criminal includes (without limitation) a person who—
(a) has been convicted of an indictable offence (including an offence under section 93X of the Crimes Act 1900), or
(b) is engaged in an organised criminal activity within the meaning of section 46AA of the Law Enforcement (Powers and Responsibilities) Act 2002, or
(c) is a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012.
reputed criminal declaration—see section 3 (3).
senior police officer means a police officer of or above the rank of sergeant.
weapon means—
(a) a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, or
(b) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998.
s 2: Am 1982 No 148, Sch 2; 1995 No 53, Sch 1 (2); 2002 No 131, Sch 1 [3]; 2007 No 29, Sch 2 [1] [2]; 2009 No 106, Sch 5.18; 2013 No 74, Sch 2 [1].
2A Notes
2A Notes
2A Notes
Notes included in this Act are explanatory notes and do not form part of this Act.
s 2A: Ins 2001 No 125, Sch 1 [1].
Part 2 Disorderly houses
Part 2 Disorderly houses
Part 2 Disorderly houses
pt 2, hdg: Ins 1995 No 53, Sch 1 (3).
3 Declaration by Supreme Court or District Court in relation to premises
3 Declaration by Supreme Court or District Court in relation to premises
3 Declaration by Supreme Court or District Court in relation to premises
(1) On a senior police officer showing reasonable grounds for suspecting that all or any of the following conditions obtain with respect to any premises, that is to say—
(a) that drunkenness or disorderly or indecent conduct or any entertainment of a demoralising character takes place on the premises, or has taken place and is likely to take place again on the premises, or
(b) that liquor or a drug is unlawfully sold or supplied on or from the premises or has been so sold or supplied on or from the premises and is likely to be so sold again on or from the premises, or
(c) that reputed criminals or associates of reputed criminals are to be found on or resort to the premises or have resorted and are likely to resort again to the premises, or
(d) that any of the persons having control of or managing or taking part or assisting in the control or management of the premises—
(i) is a reputed criminal or an associate of reputed criminals, or
(ii) has been concerned in the control or management of other premises which have been the subject of a declaration under this Part, or
(iii) is or has been concerned in the control or management of premises which are or have been frequented by persons of notoriously bad character or of premises on or from which liquor or a drug is or has been unlawfully sold or supplied,
(e) (Repealed)
the Supreme Court or the District Court may declare such premises to be premises to which this Part applies.
(2) Such declaration shall be in force until rescinded.
(3) The appropriate Court may, in declaring premises to be premises to which this Part applies, state that the reason (or the predominant reason) for the declaration is that—
(a) reputed criminals have attended or are likely to attend the premises, or
(b) a reputed criminal has, or takes part or assists in, the control or management of the premises.
Any such declaration is a reputed criminal declaration for the purposes of this Act.
s 3: Am 1968 No 32, sec 3 (1); 1986 No 218, Sch 9 (1); 1995 No 53, Sch 1 (4); 2002 No 131, Sch 1 [4]–[7]; 2013 No 74, Sch 2 [2].
4 Rescission of declaration
4 Rescission of declaration
4 Rescission of declaration
(1) Any such declaration may be rescinded by the appropriate Court subject to such terms as the Court thinks fit, on application being made to it—
(a) by the owner or occupier of the premises the subject of the declaration, if the Court is satisfied the conditions referred to in section 3 (1) in respect of which the declaration was made—
(i) have ceased for a continuous period of at least 12 months before the application is made, and
(ii) are unlikely to reoccur at the premises, or
(b) by a senior police officer on proof that there is no reasonable ground for suspecting that any of the conditions referred to in subsection (1) of section 3 obtain in relation to such premises.
(1A) For the purposes of subsection (1) (a), the burden of establishing that the conditions have ceased and are unlikely to reoccur lies on the owner or occupier of the premises.
(2) Where an application under this section is made by the owner or occupier of the premises notice in writing of intention to make the same shall be served on a senior police officer two days at least before the hearing of such application.
(3) An owner or occupier may not make more than one application for the rescission of a declaration in respect of the same premises within any 12 month period.
s 4: Am 1986 No 218, Sch 9 (2); 2002 No 131, Sch 1 [8] [9]; 2018 No 50, Sch 2 [1]–[3].
5 Publication of notice of declaration and rescission
5 Publication of notice of declaration and rescission
5 Publication of notice of declaration and rescission
(1) Notice of any such declaration or any rescission of the same shall be published in the Gazette.
(2) In any proceedings under this Act the production of a copy of the Gazette containing such notice shall be evidence that the declaration or rescission therein notified was duly made.
6 Notice given of declaration
6 Notice given of declaration
6 Notice given of declaration
(1) A senior police officer is to cause notice of the making of a declaration under this Part to be served on the owner or occupier of the premises to which the declaration relates—
(a) personally, or
(b) if personal service cannot be effected promptly, by causing a copy of the notice to be fixed at or near to the entrance of the premises.
(2) A person must not deface, destroy, cover or remove a copy of a notice fixed under this section at or near the entrance to premises unless the person is a police officer or the owner or occupier of the premises.
Maximum penalty (subsection (2)): 20 penalty units.
s 6: Subst 2002 No 131, Sch 1 [10].
7
7 (Repealed)
7
s 7: Rep 2002 No 131, Sch 1 [11].
8 Offence by owner of premises
8 Offence by owner of premises
8 Offence by owner of premises
(1) After the service of a notice under section 6 on the owner of premises of the making of a declaration, the owner is guilty of an offence if any of the conditions referred to in section 3 (1) apply to the premises while the declaration is in force.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
(2) An owner of premises is not guilty of an offence under subsection (1) if the owner proves that he or she has taken all reasonable steps to prevent the conditions referred to in section 3 (1) applying to the premises.
(2A) After the service of a notice under section 6 on the owner of premises of the making of a reputed criminal declaration, the owner is guilty of an offence if, while the declaration is in force, a reputed criminal—
(a) attends the premises, or
(b) has, or takes part or assists in, the control or management of the premises.
Maximum penalty—150 penalty units or imprisonment for 3 years, or both.
(2B) An owner of premises is not guilty of an offence under subsection (2A) if the owner proves that he or she has taken all reasonable steps to prevent a reputed criminal—
(a) attending the premises, or
(b) having, or taking part or assisting in, the control or management of the premises.
(2C) A person is not liable to be convicted of an offence under both subsections (1) and (2A) in respect of essentially the same facts.
(3) An owner of premises that are occupied by a person other than the owner is not guilty of an offence under this section if the owner proves that he or she has taken all reasonable steps to evict the occupier from the premises.
s 8: Am 1993 No 47, Sch 1. Subst 2002 No 131, Sch 1 [12]. Am 2013 No 74, Sch 2 [3] [4]
9 Offence by occupier of premises
9 Offence by occupier of premises
9 Offence by occupier of premises
(1) After the service of a notice under section 6 on the occupier of premises of the making of a declaration, the occupier is guilty of an offence if any of the conditions referred to in section 3 (1) apply to the premises while the declaration is in force.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
(2) An occupier of premises is not guilty of an offence under subsection (1) if the occupier proves that he or she has taken all reasonable steps to prevent the conditions referred to in section 3 (1) applying to the premises.
(3) After the service of a notice under section 6 on the occupier of premises of the making of a reputed criminal declaration, the occupier is guilty of an offence if, while the declaration is in force, a reputed criminal—
(a) attends the premises, or
(b) has, or takes part or assists in, the control or management of the premises.
Maximum penalty—150 penalty units or imprisonment for 3 years, or both.
(4) An occupier of premises is not guilty of an offence under subsection (3) if the occupier proves that he or she has taken all reasonable steps to prevent a reputed criminal—
(a) attending the premises, or
(b) having, or taking part or assisting in, the control or management of the premises.
(5) A person is not liable to be convicted of an offence under both subsections (1) and (3) in respect of essentially the same facts.
s 9: Subst 2002 No 131, Sch 1 [13]. Am 2013 No 74, Sch 2 [3] [5].
10 Entry by police
10 Entry by police
10 Entry by police
(1) While any such declaration is in force with respect to any premises any member of the Police Force may, without warrant, do any of the following—
(a) enter the said premises,
(b) enter any land or building which the member has reasonable grounds to suspect is used as a means of access to or of exit or escape from the same,
(c) pass through, from, over and along any other land or building for the purpose of entering in pursuance of paragraph (a) or paragraph (b),
(d) for any of the purposes aforesaid break open doors, windows, and partitions, and do such other acts as may be necessary,
(e) search such premises for, and seize, any liquor and any drug in such premises and any drinking glass, vessel, container or device in such premises which is used or is capable of being used for or in connection with the storage, supply or consumption of any liquor or drug or the user or taking of any drug,
(f) search the premises for, and seize, any weapon or explosive,
(g) exercise any of the powers conferred under this subsection with the aid of any assistants the member considers necessary.
Note.
A police officer is authorised to use a dog to carry out general drug detection at the premises under section 148 of the Law Enforcement (Powers and Responsibilities) Act 2002. Section 196 of that Act also authorises the use of dogs for general firearms or explosives detection.
(2) If the occupier of premises is not present when a member of the Police Force enters the premises under this section, the member must notify the occupier of the premises as soon as practicable after the entry.
(3) Failure to notify the occupier of the premises under subsection (2) does not make the exercise of power conferred on a member of the Police Force by this section unlawful.
s 10: Am 1985 No 38, Sch 1; 2013 No 74, Sch 2 [6]; 2018 No 50, Sch 2 [4]; 2019 No 20, Sch 1.19[1] [2].
11 Obstructing police
11 Obstructing police
11 Obstructing police
Any person who wilfully obstructs or
This is an opening excerpt, not the complete document.