Sex Work Act 1992 (ACT)

Mechanically, the Sex Work Act 1992 establishes a regulatory framework for commercial sex work in the Australian Capital Territory. The Act (a) defines key terms and objects (s 2, s 4); (b) requires registration-related notices and police reports for operators of commercial brothels and commercial escort agencies and requires the commissioner to keep a public register of that information (Pt 2, Div 2.2; s 11-14); (c) identifies a set of "disqualifying offences" that bar a person from becoming or remaining an "interested person" (s 6, schs 1-3, s 15-16); (d) creates criminal offences addressing duress, brothel location, soliciting, child sexual exploitation and related proceeds, medical-test and examination representations, obligations to provide health and safety equipment, and mandatory prophylactic use (Pt 3, ss 17-27); and (e) empowers entry by police where certain child or proceeds offences are suspected and enables the Executive to make regulations and the Minister to set fees (ss 28, 29, 32).

The Act’s stated purposes are to safeguard public health, promote welfare and occupational health and safety of sex workers, control brothel location to protect community social and physical environment, and protect children from sexual exploitation (s 4). Those purpose-claims are implemented through specific duties: registration and disclosure obligations for commercial operators with public inspection of the register (s 11(1), (3)); pre-operation police reports containing fingerprint and palm imprints and consent (s 5 definition of police report; s 12(1)); annual updating and prompt notification of material changes (ss 13-14); and criminal sanctions for non-compliance including both monetary penalties and imprisonment for certain offences (see many provisions, eg s 12 maximum penalty 100 penalty units and 1 year imprisonment).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Sex Work Act 1992 A1992-64 Republication No 31 Effective: 5 January 2026 Republication date: 5 January 2026 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Sex Work Act 1992 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 January 2026. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 5 January 2026. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Sex Work Act 1992 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 3 Notes 2 3A Offences against Act—application of Criminal Code etc 3 4 Objects 3 Part 2 Registration Division 2.1 Interpretation 5 Definitions for pt 2 4 6 Meaning of disqualifying offence 5 Division 2.2 Register and notices 11 Register 6

Contents Page contents 2 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Registration notice etc to be given to commissioner—commercial operators 7 13 Annual notice to be given to commissioner—commercial operators 8 14 Other notices to be given to commissioner—commercial operators and former commercial operators 9 Division 2.3 Interested people—offences 15 Interested person—disqualifying offence 10 16 Police report to be given before person becomes interested person 11 Part 3 Offences 17 Duress 12 18 Brothels—other than in prescribed location 13 19 Soliciting 13 20 Causing child to provide commercial sexual services etc 14 21 Proceeds of commercial sexual services by child 14 22 Age of child—burden of proof 15 23 Child on premises 15 26 Medical tests and examinations 15 26A Commercial operator must provide health and safety equipment 17 27 Use of prophylactics 18 Part 4 Miscellaneous 28 Entry by police 20 29 Determination of fees 20 30 Approved forms 20 32 Regulation-making power 20 Schedule 1 Disqualifying offences—Crimes Act 1900 22 Schedule 2 Disqualifying offences—this Act 24 Schedule 3 Disqualifying offences—foreign countries 25 3.1 Kinds of offences 25

Contents Page R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary 26 Endnotes 1 About the endnotes 29 2 Abbreviation key 29 3 Legislation history 30 4 Amendment history 35 5 Earlier republications 43 6 Renumbered provisions 44

R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Sex Work Act 1992 An Act to regulate certain aspects of sex work

Part 1 Preliminary Section 1 page 2 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Sex Work Act 1992. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘commercial brothel, for part 2 (Registration)—see section 5.’ means that the term ‘commercial brothel’ is defined in that section for part 2. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 3A R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3A Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1): • s 12 (Registration notice etc to be given to commissioner— commercial operators) • s 13 (Annual notice to be given to commissioner—commercial operators) • s 14 (Other notices to be given to commissioner—commercial operators and former commercial operators) • s 20 (Causing child to provide commercial sexual services etc) • s 26 (Medical tests and examinations) • s 26A (Commercial operator must provide health and safety equipment). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. 4 Objects The objects of the Act are as follows: (a) to safeguard public health; (b) to promote the welfare and occupational health and safety of sex workers; (c) to protect the social and physical environment of the community by controlling the location of brothels; (d) to protect children from sexual exploitation.

Part 2 Registration Division 2.1 Interpretation Section 5 page 4 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Registration Division 2.1 Interpretation 5 Definitions for pt 2 In this part: commercial brothel means a brothel other than a sole operator brothel. commercial escort agency means an escort agency other than a sole operator escort agency. disqualifying offence—see section 6. interested person, in relation to a commercial brothel or commercial escort agency, means any of the following: (a) each operator; (b) each owner who is an individual; (c) each director of an owner that is a corporation. police report, for a person, means a report by a police officer or the Australian Criminal Intelligence Commission about the person’s criminal record made on a form that— (a) contains a consent by the person to a police officer or the Australian Criminal Intelligence Commission making inquiries about the person’s criminal record; and (b) contains imprints of the fingers and palms of both hands of the person. required police report, in relation to a commercial brothel or commercial escort agency, means a police report for each interested person in relation to the brothel or escort agency.

Registration Part 2 Interpretation Division 2.1 Section 6 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au sole operator brothel means a brothel— (a) the premises of which are premises used by a single sex worker; and (b) the business of which is solely owned and operated by the single sex worker. sole operator escort agency means an escort agency solely owned and operated by a single sex worker. the operator, of a commercial brothel or commercial escort agency— (a) if there is only 1 operator of the brothel or escort agency—the operator; or (b) if there are 2 or more operators of the brothel or escort agency— each operator. 6 Meaning of disqualifying offence (1) In this part: disqualifying offence means— (a) an offence against any of the following: (i) a provision of the Crimes Act 1900 mentioned in schedule 1; (ii) a provision of this Act mentioned in schedule 2; (iii) the Crimes Act 1900, section 114B (Money laundering); (iv) the Criminal Code, chapter 6 (Serious drug offences); or Note A reference to an offence against a Territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189). (b) an offence against a law of the Commonwealth, a State or another Territory corresponding to an offence mentioned in paragraph (a); or

Part 2 Registration Division 2.2 Register and notices Section 11 page 6 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) an offence against a law of the Commonwealth, a State or another Territory corresponding to a provision of the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) in relation to an offence mentioned in paragraph (a); or (d) an offence against the Migration Act 1958 (Cwlth), section 232A (Organising bringing groups of non-citizens into Australia), section 233 (1) (about bringing etc non-citizens into Australia in contravention of the Act) or section 233A (Other offences relating to groups of non-citizens etc); or (e) an offence against a Commonwealth law corresponding to a provision of the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) in relation to an offence mentioned in paragraph (d); or (f) an offence against a law of a foreign country of a kind mentioned in schedule 3. (2) To remove any doubt, this section applies to offences committed before or after the commencement of this section. Division 2.2 Register and notices 11 Register (1) The commissioner must keep a register of information provided by operators of commercial brothels and commercial escort agencies in notices under this part. (2) Subsection (1) does not require the commissioner to include or keep in the register information about a commercial brothel or commercial escort agency that has ceased to operate. (3) The commissioner must make information in the register available for public inspection.

Registration Part 2 Register and notices Division 2.2 Section 12 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Registration notice etc to be given to commissioner— commercial operators (1) A person commits an offence if— (a) the person is an operator of a commercial brothel or commercial escort agency; and (b) both of the following are not given to the commissioner at least 7 days before the day the brothel or escort agency begins to operate: (i) a registration notice; (ii) a required police report in relation to the brothel or escort agency. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) In this section: registration notice, in relation to a commercial brothel or commercial escort agency, means a written notice containing the following particulars in relation to the brothel or escort agency: (a) its business name (if any) and address; (b) the name and home address of each person in day-to-day control of the brothel or escort agency; (c) if the owner (or an owner) of the brothel or escort agency is an individual—the name and home address of each individual who is an owner; (d) if the owner (or an owner) of the brothel or escort agency is a corporation—the following for each corporation that is an owner: (i) its name and business address;

Part 2 Registration Division 2.2 Register and notices Section 13 page 8 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the name and home address of each director and each shareholder; (e) for each interested person in relation to the brothel or escort agency—a statement about whether or not the person has been convicted, or found guilty, of a disqualifying offence. 13 Annual notice to be given to commissioner—commercial operators (1) A person commits an offence if— (a) the person is an operator of a commercial brothel or commercial escort agency; and (b) an annual notice for the year for the brothel or escort agency is not given to the commissioner before 1 October of that year. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) In this section: annual notice, in relation to a commercial brothel or commercial escort agency, means a written notice containing the following particulars in relation to the brothel or escort agency: (a) its business name (if any) and address; (b) the name and home address of each person in day-to-day control of the brothel or escort agency; (c) if the owner (or an owner) of the brothel or escort agency is an individual—the name and home address of each individual who is an owner; (d) if the owner (or an owner) of the brothel or escort agency is a corporation—the following for each corporation that is an owner: (i) its name and business address;

Registration Part 2 Register and notices Division 2.2 Section 14 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the name and home address of each director and each shareholder; (e) for each interested person in relation to the brothel or escort agency—a statement about whether or not the person has been convicted, or found guilty, of a disqualifying offence. 14 Other notices to be given to commissioner—commercial operators and former commercial operators (1) A person commits an offence if— (a) the person is an operator of a commercial brothel or commercial escort agency; and (b) any information given to the commissioner in a notice under this division changes; and (c) written notice of the new information is not given to the commissioner within 7 days after the day the information changes. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person commits an offence if— (a) the person is an operator of a commercial brothel or commercial escort agency; and (b) the brothel or escort agency stops operating; and (c) written notice that the brothel or escort agency stopped operating is not given to the commissioner within 7 days after the last day the brothel or escort agency operated. Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Part 2 Registration Division 2.3 Interested people—offences Section 15 page 10 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2.3 Interested people—offences 15 Interested person—disqualifying offence (1) A person who has been convicted or found guilty of a disqualifying offence must not— (a) become an interested person in relation to a commercial brothel or commercial escort agency; or (b) continue to be an interested person in relation to a commercial brothel or commercial escort agency. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) Any other interested person (the other interested person) in relation to a commercial brothel or commercial escort agency commits an offence if— (a) an interested person mentioned in subsection (1) becomes, or continues to be, an interested person in relation to the brothel or escort agency; and (b) the other interested person knows that, or is reckless as to whether, a person who becomes, or continues to be, an interested person in relation to the brothel or escort agency is an interested person mentioned in subsection (1). Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Registration Part 2 Interested people—offences Division 2.3 Section 16 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16 Police report to be given before person becomes interested person A person must not, without reasonable excuse, fail to give the commissioner a police report for the person at least 7 days before the person becomes an interested person in relation to a commercial brothel or commercial escort agency. Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Part 3 Offences Section 17 page 12 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Offences 17 Duress (1) A person must not, for the purpose of inducing a person to provide or to continue to provide commercial sexual services— (a) intimidate, assault or threaten to assault any person; or (b) supply or offer to supply a controlled medicine or prohibited substance to any person; or (c) make a false representation or otherwise act fraudulently. Maximum penalty: imprisonment for 6 years. (2) A person must not— (a) intimidate, assault or threaten to assault a person; or (b) supply or offer to supply a controlled medicine or prohibited substance to a person; for the purpose of inducing any person to provide or continue to provide him or her with payment derived, directly or indirectly, from the provision of commercial sexual services. Maximum penalty: imprisonment for 6 years. (3) In this section: controlled medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11. prohibited substance—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 13.

Offences Part 3 Section 18 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 18 Brothels—other than in prescribed location (1) A person must not operate a brothel other than in a prescribed location. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) Each owner of a brothel that operates other than in a prescribed location commits an offence. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (3) This section does not apply to an escort agency or premises used by a single sex worker. 19 Soliciting (1) A person must not, for the purpose of offering or procuring commercial sexual services, accost any person, or solicit or loiter, in a public place. Maximum penalty: 20 penalty units. (2) A person must not, for the purpose of offering or procuring commercial sexual services, accost a child in a public place. Maximum penalty: imprisonment for 3 years. (3) In this section: public place means any street, road, public park, reserve, or any building, premises or other place that the public are entitled to use or that is open to, or used by, the public (whether on payment or otherwise).

Part 3 Offences Section 20 page 14 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 20 Causing child to provide commercial sexual services etc (1) A person commits an offence if— (a) the person causes, permits, offers or procures a child to provide commercial sexual services; and (b) the child is under 12 years old. Maximum penalty: 1 500 penalty units, imprisonment for 15 years or both. (2) Absolute liability applies to subsection (1) (b). (3) A person commits an offence if— (a) the person causes, permits, offers or procures a child to provide commercial sexual services; and (b) the child is 12 years old or older. Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both. (4) Absolute liability applies to subsection (3) (b). 21 Proceeds of commercial sexual services by child (1) A person must not receive a payment that he or she knows, or could reasonably be expected to have known, is derived, directly or indirectly, from commercial sexual services provided by a child. Maximum penalty: imprisonment for 7 years. (2) Subsection (1) does not apply in relation to a payment received in the ordinary course of a business other than sex work.

Offences Part 3 Section 22 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 22 Age of child—burden of proof It is a defence to a prosecution under section 19 (2) or 20 if it is established that the defendant— (a) took reasonable steps to ascertain the age of the child concerned; and (b) believed on reasonable grounds that the child had attained 18 years of age. 23 Child on premises An operator or owner of a brothel or escort agency must not, without reasonable excuse, permit a child to be on the premises. Maximum penalty: 20 penalty units. 26 Medical tests and examinations (1) A person commits an offence if— (a) the person is an operator or owner of a brothel or escort agency; and (b) the person fails to take reasonable steps to ensure that 1 or more of the following is not used to induce someone else to believe that the sex worker is not infected with a sexually transmissible infection: (i) the fact that a sex worker had a medical test; (ii) the fact that a sex worker had a medical examination by a doctor or nurse practitioner; (iii) the result of a sex worker’s medical test; (iv) the result of a sex worker’s medical examination by a doctor or nurse practitioner. Maximum penalty: 20 penalty units.

Part 3 Offences Section 26 page 16 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A sex worker commits an offence if— (a) the sex worker tells someone else— (i) that the sex worker had a medical test; or (ii) that the sex worker had a medical examination by a doctor or nurse practitioner; or (iii) the result of the sex worker’s medical test; or (iv) the result of the sex worker’s medical examination by a doctor or nurse practitioner; and (b) the sex worker— (i) intends the person to believe that the sex worker is not infected with a sexually transmissible infection; or (ii) is reckless about whether the person believes that the sex worker is not infected with a sexually transmissible infection. Maximum penalty: 20 penalty units. (3) An offence against subsection (1) is a strict liability offence. (4) This section does not apply to an operator or owner of a brothel or escort agency if the operator or owner uses a sex worker’s medical test, a sex worker’s medical examination by a doctor or nurse practitioner, or the result of a sex worker’s medical test or medical examination by a doctor or nurse practitioner, to satisfy himself or herself that the sex worker is not infected with a sexually transmissible infection. (5) In this section: medical test means the taking of a sample of tissue, blood, urine or other bodily material for medical testing.

Offences Part 3 Section 26A R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 26A Commercial operator must provide health and safety equipment (1) A person commits an offence if the person— (a) is the operator of a commercial brothel or commercial escort agency; and (b) fails to provide a sex worker employed at the brothel, or from the escort agency, prophylactics in sufficient quantity to allow the sex worker to comply with section 27 (3). Maximum penalty: 40 penalty units. (2) A person commits an offence if the person— (a) is the operator of a commercial brothel or commercial escort agency; and (b) fails to— (i) provide a sex worker employed at the brothel, or from the escort agency, personal protective equipment; and (ii) take reasonable steps to ensure the sex worker uses the personal protective equipment to minimise the risk to the sex worker’s health or safety. Maximum penalty: 40 penalty units. (3) A person commits an offence if the person— (a) is the operator of a commercial brothel or commercial escort agency; and (b) provides a sex worker employed at the brothel, or from the escort agency, prophylactics or personal protective equipment; and (c) charges, or imposes a levy on, the sex worker for the prophylactics or personal protective equipment. Maximum penalty: 40 penalty units.

Part 3 Offences Section 27 page 18 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) In this section: commercial brothel—see section 5. commercial escort agency—see section 5. personal protective equipment, in relation to sex work, means anything used or worn by a sex worker to minimise risk to the sex worker’s health or safety from engaging in sex work. Examples—personal protective equipment dental dams, latex gloves, water-based lubricants, sponges 27 Use of prophylactics (1) Each operator and owner of a brothel or escort agency must take reasonable steps to ensure that no person provides or receives commercial sexual services at the brothel or escort agency, being services which involve vaginal, oral or anal penetration by any means, unless a prophylactic is used. Maximum penalty: 50 penalty units. (2) An operator or owner of a brothel must not discourage the use of prophylactics at the brothel. Maximum penalty: 100 penalty units. (3) A person must not, at a brothel or elsewhere, provide or receive commercial sexual services that involve vaginal, oral or anal penetration by any means unless a prophylactic is used. Maximum penalty: 50 penalty units. Note It is also an offence not to take reasonable precautions against transmitting a notifiable condition (see Public Health Regulation 2000, s 21 (1)).

Offences Part 3 Section 27 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) A person must not, at a brothel or elsewhere, while providing or receiving commercial sexual services that involve oral, anal or vaginal penetration— (a) misuse, damage or interfere with the efficacy of any prophylactic used; or (b) continue to use a prophylactic that he or she knows, or could reasonably be expected to know, is damaged. Maximum penalty: 50 penalty units.

Part 4 Miscellaneous Section 28 page 20 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Miscellaneous 28 Entry by police A police officer may enter a brothel or escort agency if the officer believes on reasonable grounds that— (a) an offence against section 20, 21 or 23 has been, is being or is likely to be committed on the premises; and (b) it is necessary to enter the premises for the purpose of preventing the commission or repetition of such an offence, investigating such an offence or apprehending an offender. 29 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument. 30 Approved forms (1) The commissioner may approve forms for this Act. (2) If the commissioner approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument. 32 Regulation-making power (1) The Executive may make regulations for this Act. (2) The regulations may make provision in relation to the following matters: (a) the cleanliness of brothels; (b) the provision, use and laundering of towels and other items of linen;

Miscellaneous Part 4 Section 32 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) hygiene standards for swimming pools, spa baths and sexual aids used in brothels; (d) provision of, and hygiene standards for, showers and washing and toilet facilities in brothels; (e) the disposal of prophylactics used in brothels; (f) the inspection of brothels and escort agencies to ensure compliance with this Act; (g) the provision of information relating to sexually transmissible infections to sex workers employed at brothels or from escort agencies and to clients; (h) safeguarding the health of clients and sex workers employed at brothels and from escort agencies; (i) the provision of assistance to sex workers in gaining access to job retraining, job skills improvement schemes and further education; (j) the size, form and content of advertisements relating to brothels and escort agencies. (3) The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Schedule 1 Disqualifying offences—Crimes Act 1900 page 22 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Disqualifying offences— Crimes Act 1900 (see s 6 (1), def disqualifying offence, par (a) (i)) column 1 item column 2 section column 3 description 1 12 murder 2 19 intentionally inflicting grievous bodily harm 3 20 recklessly inflicting grievous bodily harm 4 22 assault with intent to commit other offence 5 32 (1) (a) make demand with threat to kill or inflict grievous bodily harm 6 32 (2) (a) make demand with threat to endanger health etc 7 35 stalking 8 36 torture 9 38 kidnapping 10 51 sexual assault in the first degree 11 52 sexual assault in the second degree 12 53 sexual assault in the third degree 13 54 sexual intercourse without consent 14 55 sexual intercourse with young person 15 55A sexual intercourse with young person under special care 16 56 persistent sexual abuse of child or young person under special care 17 57 act of indecency in the first degree 18 58 act of indecency in the second degree 19 59 act of indecency in the third degree 20 60 act of indecency without consent 21 61 acts of indecency with young people

Disqualifying offences—Crimes Act 1900 Schedule 1 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 section column 3 description 22 61A act of indecency with young person under special care 23 62 incest and similar offences 24 63 abduction 25 63A bestiality 26 64 employment of young people for pornographic purposes 27 65 possession of child exploitation material 28 79 sexual servitude offences 29 80 deceptive recruiting for sexual services

Schedule 2 Disqualifying offences—this Act page 24 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 2 Disqualifying offences—this Act (see s 6 (1), def disqualifying offence, par (a) (ii)) column 1 item column 2 section column 3 description 1 17 duress used to induce person to provide commercial sexual services 2 18 brothel operating other than in prescribed location 3 19 (2) accost a child for the purpose of offering or getting commercial sexual services 4 20 cause or permit child to provide commercial sexual services 5 21 receive proceeds of commercial sexual services by child 6 23 permit child on premises 7 26 obligations in relation to medical test and medical examination of sex worker 8 26A obligation to supply health and safety equipment 9 27 obligations about use of prophylactics

Disqualifying offences—foreign countries Schedule 3 Section 3.1 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 3 Disqualifying offences— foreign countries (see s 6 (1), def disqualifying offence, par (f)) 3.1 Kinds of offences (1) An offence that consists of or involves— (a) murder; or (b) torture, abduction or kidnapping; or (c) sexual assault; or (d) sexual servitude; or (e) child exploitation material; or (f) violence, intimidation or coercion related to provision of commercial sexual services; or (g) causing serious physical harm to another person; or (h) money laundering; or (i) illegal immigration; or (j) supplying illegal drugs. (2) An offence that consists of, or involves, in relation to an offence mentioned in subsection (1)— (a) aiding and abetting the commission of the offence, or (b) being an accessory after the fact; or (c) attempting, inciting a person, or conspiring, to commit the offence.

Dictionary page 26 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act. Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms: • Australian Criminal Intelligence Commission • child • commissioner for fair trading • doctor • exercise • found guilty • function • home address • nurse practitioner • police officer. brothel means premises used or to be used for the purpose of sex work, but does not include premises where accommodation is normally provided on a commercial basis if the sex work occurs under an arrangement initiated elsewhere. commercial brothel, for part 2 (Registration)—see section 5. commercial escort agency, for part 2 (Registration)—see section 5. commercial sexual services means sexual services provided for monetary consideration or any other form of consideration or material reward (regardless of whether the consideration or reward is, or is to be, paid or given to the person providing the sexual services or another person). commissioner means the commissioner for fair trading. disqualifying offence, for part 2 (Registration)—see section 6.

Dictionary R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au employed—a sex worker is employed at a brothel or from an escort agency if the sex worker provides commercial sexual services at the brothel, or from the escort agency, under a contract of service or a contract for services. escort agency means a business of arranging sex work, being a business carried on at premises other than a brothel. interested person, for part 2 (Registration)—see section 5. operator, of a brothel or escort agency, includes a person in day-to-day control of the brothel or escort agency. police report, for part 2 (Registration)—see section 5. premises includes a part of premises. premises used by a single sex worker means premises used by not more than 1 sex worker other than— (a) premises adjacent to or, for town houses, units or apartments, in the same block as, other premises that are used for sex work; or (b) premises at which the provision of commercial sexual services is arranged by a person (other than the sex worker) who arranges clients for other sex workers; or (c) premises to which clients are referred by other sex workers, or from which clients are referred to other sex workers. prophylactic means a condom or other device that is adequate to prevent the transmission of a sexually transmissible infection. required police report, for part 2 (Registration)—see section 5. sexually transmissible infection means— (a) chancroid, chlamydial infection, donovanosis, gonorrhoea, HIV/AIDS, lymphogranuloma venereum or syphilis; or (b) an infection prescribed by regulation.

Dictionary page 28 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au sexual services means— (a) an act of sexual intercourse as defined in the Crimes Act 1900, section 50; or (b) the masturbation of one person by another; or (c) any activity that involves the use of one person by another for his or her sexual gratification. sex work means the provision of commercial sexual services by an adult. sole operator brothel, for part 2 (Registration)—see section 5. sole operator escort agency, for part 2 (Registration)—see section 5. the operator, for part 2 (Registration)—see section 5.

Endnotes About the endnotes 1 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 30 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history The Sex Work Act 1992 was originally the Prostitution Act 1992. It was renamed by the Prostitution Amendment Act 2018 A2018-25 (see s 6). Sex Work Act 1992 A1992-64 notified 1 December 1992 (Gaz 1992 No S208) s 1, s 2 commenced 1 December 1992 (s 2 (1)) remainder commenced 7 May 1993 (s 2 (2) and Gaz 1993 No S75) as amended by Statute Law Revision Act 1994 A1994-26 sch notified 31 May 1994 (Gaz 1994 No S93) commenced 31 May 1994 (s 2) Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch pt 1 notified 15 December 1994 (Gaz 1994 No S280) s 1, s 2 commenced 15 December 1994 (s 2 (1)) sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293) Prostitution (Amendment) Act 1997 A1997-9 notified 12 May 1997 (Gaz 1997 No S130) commenced 12 May 1997 (s 2) Public Health (Miscellaneous Provisions) Act 1997 A1997-70 sch 1, sch 3 notified 9 October 1997 (Gaz 1997 No S300) ss 1-3 commenced 9 October 1997 (s 2 (1)) sch 1 commenced 13 August 1998 (s 2 (2) and Gaz 1998 No S185) sch 3 commenced 10 July 2001 (s 2 (2) and Gaz 2001 No S45) Statute Law Revision (Penalties) Act 1998 A1998-54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

Endnotes Legislation history 3 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Legislation (Consequential Amendments) Act 2001 A2001-44 pt 303 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 303 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2002 A2002-30 pt 3.54 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.54 commenced 17 September 2002 (s 2 (1)) Prostitution Amendment Act 2002 A2002-35 notified LR 8 October 2002 s 1, s 2 commenced 8 October 2002 (LA s 75 (1)) remainder commenced 16 December 2002 (s 2 and CN2002-15) Criminal Code 2002 No 51 pt 1.14 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75 (1)) pt 1.14 commenced 1 January 2003 (s 2 (1)) Confiscation of Criminal Assets Act 2003 A2003-8 sch 1 pt 1.3 notified LR 27 March 2003 s 1, s 2 commenced 27 March 2003 (LA s 75 (1)) sch 1 pt 1.3 commenced 15 August 2003 (s 2 and CN2003-7) Nurse Practitioners Legislation Amendment Act 2004 A2004-10 pt 8 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) pt 8 commenced 27 May 2004 (s 2 and CN2004-9) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.72 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.72 commenced 9 April 2004 (s 2 (1))

Endnotes 3 Legislation history page 32 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Crimes Legislation Amendment Act 2004 A2004-30 pt 3 notified LR 7 July 2004 s 1, s 2 taken to have commenced 27 May 2004 (LA s 75 (2)) s 7 taken to have commenced 27 May 2004 (s 2 (2) and see Nurse Practitioners Legislation Amendment Act 2004 A2004-10, s 2 and CN2004-9) pt 3 remainder commenced 8 July 2004 (s 2 (1)) Criminal Code (Serious Drug Offences) Amendment Act 2004 A2004-56 sch 1 pt 1.5 notified LR 6 September 2004 s 1, s 2 commenced 6 September 2004 (LA s 75 (1)) sch 1 pt 1.5 commenced 6 March 2005 (s 2 and LA s 79) Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.24 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 1 pt 1.24 commenced 23 November 2005 (s 2) Health Legislation Amendment Act 2006 A2006-27 sch 2 pt 2.6 notified LR 14 June 2006 s 1, s 2 commenced 14 June 2006 (LA s 75 (1)) sch 2 pt 2.6 commenced 14 December 2006 (s 2 and LA s 79) Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.14 notified LR 17 November 2006 s 1, s 2 commenced 17 November 2006 (LA s 75 (1)) sch 2 pt 2.14 commenced 18 November 2006 (s 2 (1)) Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.19 notified LR 14 August 2008 s 1, s 2 commenced 14 August 2008 (LA s 75 (1)) sch 2 pt 2.19 commenced 14 February 2009 (s 2 and LA s 79) Crimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.12 notified LR 9 September 2008 s 1, s 2 commenced 9 September 2008 (LA s 75 (1)) sch 1 pt 1.12 commenced 30 May 2009 (s 2 and CN2009-4)

Endnotes Legislation history 3 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.57 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.57 commenced 17 December 2009 (s 2) Justice and Community Safety Legislation Amendment Act 2010 (No 2) A2010-30 sch 1 pt 1.18 notified LR 31 August 2010 s 1, s 2 commenced 31 August 2010 (LA s 75 (1)) s 3 commenced 1 September 2010 (s 2 (1)) sch 1 pt 1.18 commenced 28 September 2010 (s 2 (2)) Crimes Legislation Amendment Act 2011 A2011-7 pt 5 notified LR 16 March 2011 s 1, s 2 commenced 16 March 2011 (LA s 75 (1)) pt 5 commenced 17 March 2011 (s 2) Justice and Community Safety Legislation Amendment Act 2011 A2011-16 sch 1 pt 1.7 notified LR 17 May 2011 s 1, s 2 commenced 17 May 2011 (LA s 75 (a)) sch 1 pt 1.7 commenced 17 November 2011 (s 2 and LA s 79) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.124 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.124 commenced 1 July 2011 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2011 (No 3) A2011-49 sch 1 pt 1.8 notified LR 22 November 2011 s 1, s 2 commenced 22 November 2011 (LA s 75 (1)) sch 1 pt 1.8 commenced 12 December 2011 (s 2 (2) (a) and see Statute Law Amendment Act 2011 (No 3) A2011-52 s 2) Crimes Legislation Amendment Act 2013 A2013-12 pt 10 notified LR 17 April 2013 s 1, s 2 commenced 17 April 2013 (LA s 75 (1)) pt 10 commenced 24 April 2013 (s 2)

Endnotes 3 Legislation history page 34 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Crimes (Child Sex Offenders) Amendment Act 2015 A2015-35 sch 1 pt 1.5 notified LR 1 October 2015 s 1, s 2 commenced 1 October 2015 (LA s 75 (1)) sch 1 pt 1.5 commenced 2 October 2015 (s 2) Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.20 notified LR 23 February 2017 s 1, s 2 commenced 23 February 2017 (LA s 75 (1)) sch 3 pt 3.20 commenced 9 March 2017 (s 2) Prostitution Amendment Act 2018 A2018-25 notified LR 8 August 2018 s 1, s 2 commenced 8 August 2018 (LA s 75 (1)) remainder commenced 9 August 2018 (s 2) Health Amendment Act 2019 A2019-33 s 14 notified LR 9 October 2019 s 1, s 2 commenced 9 October 2019 (LA s 75 (1)) s 14 commenced 10 October 2019 (s 2) Royal Commission Criminal Justice Legislation Amendment Act 2020 A2020-31 sch 1 pt 1.2 notified LR 29 July 2020 s 1, s 2 commenced 29 July 2020 (LA s 75 (1)) sch 1 pt 1.2 commenced 1 September 2020 (s 2 and CN2020-17) Family Violence Legislation Amendment Act 2022 A2022-13 sch 1 pt 1.4 notified LR 10 August 2022 s 1, s 2 commenced 10 August 2022 (LA s 75 (1)) sch 1 pt 1.4 commenced 17 August 2022 (s 2) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.165 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.165 commenced 5 January 2026 (s 2 (8))

Endnotes Amendment history 4 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Long title long title sub A2018-25 s 5 Name of Act s 1 sub A2002-30 amdt 3.615; A2018-25 s 6 Dictionary s 2 om A2001-44 amdt 1.3311 ins A2002-30 amdt 3.615 am A2008-26 amdt 2.125; A2019-33 s 14 Notes s 3 am A1994-97 sch defs reloc to dict A2002-30 amdt 3.617 om A2002-30 amdt 3.618 def child om A2002-30 amdt 3.616 def drug of dependence om A2002-30 amdt 3.616 def public place om A2002-30 amdt 3.616 pres s 3 ins A2002-30 amdt 3.615 Offences against Act—application of Criminal Code etc s 3A ins A2004-10 s 22 am A2004-30 s 7; A2018-25 s 7 Objects s 4 am A2018-25 s 8, s 9 Registration pt 2 hdg sub A2002-35 s 4 Interpretation div 2.1 hdg ins A2002-35 s 4 Definitions for pt 2 s 4A renum as s 5 Meaning of disqualifying offence s 4B renum as s 6 Meaning of registration notice s 4C renum as s 7 Meaning of annual notice s 4D renum as s 8 Definitions for pt 2 s 5 orig s 5 renum as s 9 (prev s 4A) ins A2002-35 s 4 def annual notice ins A2002-35 s 4 om A2018-25 s 10 def commercial brothel ins A2002-35 s 4

Endnotes 4 Amendment history page 36 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def commercial escort agency ins A2002-35 s 4 def commercial operator ins A2002-35 s 4 om A2018-25 s 10 def disqualifying offence ins A2002-35 s 4 def interested person ins A2002-35 s 4 def police report ins A2002-35 s 4 am A2011-49 amdt 1.15; A2017-4 amdt 3.104; A2025-29 amdt 4.166 def registration notice ins A2002-35 s 4 om A2018-25 s 10 def required police report ins A2002-35 s 4 def sole operator ins A2002-35 s 4 om A2018-25 s 10 def sole operator brothel ins A2002-35 s 4 am A2018-25 s 11 def sole operator escort agency ins A2002-35 s 4 am A2018-25 s 11 def the operator ins A2002-35 s 4 renum A2002-35 amdt 1.3 Meaning of disqualifying offence s 6 orig s 6 renum as s 10 (prev s 4B) ins A2002-35 s 4 renum A2002-35 amdt 1.3 am A2002-51 amdts 1.29-1.31; A2003-8 amdt 1.16; A2004-56 amdt 1.50; A2005-53 amdt 1.124 Register s 6A renum as s 11 Registration notice etc to be given to registrar s 6B renum as s 12 Meaning of registration notice s 7 orig s 7 renum as s 13 (prev s 4C) ins A2002-35 s 4 renum A2002-35 amdt 1.3 om A2018-25 s 12 Other notices to be given by operators and former operators s 7A renum as s 14 Interested person—disqualifying offence s 7B renum as s 15 Police report to be given before person becomes interested person s 7C renum as s 16

Endnotes Amendment history 4 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Meaning of annual notice s 8 orig s 8 renum as s 17 (prev s 4D) ins A2002-35 s 4 renum A2002-35 amdt 1.3 om A2018-25 s 12 Register and notices div 2.2 hdg ins A2002-35 s 4 sub A2011-16 amdt 1.23 Registrar of Brothels and Escort Agencies s 9 orig s 9 renum as s 18 (prev s 5) sub A1994-97 sch pt 1; A2002-30 amdt 3.619; A2002-35 s 4 renum A2002-35 amdt 1.3 am A2011-22 amdt 1.358 om A2011-16 amdt 1.24 Functions of registrar s 10 orig s 10 renum as s 19 (prev s 6) am A1997-9 s 4; A2002-30 amdt 3.620; ss renum R3 LA sub A2002-35 s 4 renum A2002-35 amdt 1.3 om A2011-16 amdt 1.24 Register s 11 orig s 11 renum as s 20 (prev s 6A) ins A2002-35 s 4 renum A2002-35 amdt 1.3 am A2011-16 amdt 1.28; A2018-25 ss 13-15 Registration notice etc to be given to commissioner—commercial operators s 12 hdg am A2011-16 amdt 1.28 s 12 orig s 12 renum as s 21 (prev s 6B) ins A2002-35 s 4 renum A2002-35 amdt 1.3 am A2011-16 amdt 1.28 sub A2018-25 s 16 am A2025-29 amdt 4.166 Annual notice to be given to commissioner—commercial operators s 13 orig s 13 renum as s 22 (prev s 7) am A1994-97 sch pt 1; A1994-26 sch; A1997-9 s 5; A2001-44 amdt 1.3312; R2 LA (see A2001-44 amdt 1.3313) sub A2002-35 s 4 renum A2002-35 amdt 1.3 am A2011-16 amdt 1.28 sub A2018-25 s 16 am A2025-29 amdt 4.166

Endnotes 4 Amendment history page 38 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Other notices to be given to commissioner—commercial operators and former commercial operators s 14 orig s 14 renum as s 23 (prev s 7A) ins A2002-35 s 4 renum A2002-35 amdt 1.3 am A2011-16 amdt 1.28 sub A2018-25 s 16 Interested people—offences div 2.3 hdg ins A2002-35 s 4 Interested people—disqualifying offences s 15 orig s 15 renum as s 24 (prev s 7B) ins A2002-35 s 4 renum A2002-35 amdt 1.3 Police report to be given before person becomes interested person s 16 orig s 16 renum as s 25 (prev s 7C) ins A2002-35 s 4 renum A2002-35 amdt 1.3 am A2011-16 amdt 1.28; A2018-25 s 17 Duress s 17 orig s 17 renum as s 26 (prev s 8) am A2002-35 amdt 1.1 renum A2002-35 amdt 1.3 am A2008-26 amdt 2.126, amdt 2.127; A2017-4 amdt 3.105 Brothels—other than in prescribed location s 18 orig s 18 renum as s 27 (prev s 9) am A1998-54 sch sub A2002-35 s 5 renum A2002-35 amdt 1.3 am A2018-25 s 18 Soliciting s 19 orig s 19 om A2002-35 s 12 (prev s 10) am A1998-54 sch renum A2002-35 amdt 1.3 am A2017-4 amdt 3.105; A2018-25 s 19 Causing child to provide commercial sexual services etc s 20 orig s 20 renum as s 28 (prev s 11) renum A2002-35 amdt 1.3 sub A2004-30 s 8 am A2018-25 s 20

Endnotes Amendment history 4 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Proceeds of commercial sexual services by child s 21 hdg sub A2018-25 s 21 s 21 orig s 21 renum as s 29 (prev s 12) renum A2002-35 amdt 1.3 am A2017-4 amdt 3.105; A2018-25 s 22 Approved forms s 21A renum as s 30 False or misleading information s 21B renum as s 31 Age of child—burden of proof s 22 orig s 22 renum as s 32 (prev s 13) renum A2002-35 amdt 1.3 Child on premises s 23 (prev s 14) am A1998-54 sch; A2002-35 s 6 renum A2002-35 amdt 1.3 am A2017-4 amdt 3.105 Infected persons s 24 (prev s 15) am A1998-54 sch; A2002-35 s 7 renum A2002-35 amdt 1.3 am A2010-30 amdt 1.50; A2017-4 amdt 3.105 om A2018-25 s 23 Providing or receiving commercial sexual services if infected s 25 hdg sub A2010-30 amdt 1.51 s 25 (prev s 16) am A1998-54 sch renum A2002-35 amdt 1.3 am A2010-30 amdt 1.52; A2017-4 amdt 3.105 om A2018-25 s 23 Medical tests and examinations s 26 (prev s 17) am A1994-26 sch; A1998-54 sch; A2002-30 amdt 3.621, amdt 3.622; A2002-35 s 8, s 9 renum A2002-35 amdt 1.3 sub A2004-10 s 23 am A2010-30 amdt 1.52; A2018-25 s 24, s 25 Commercial operator must provide health and safety equipment s 26A ins A2018-25 s 27 Use of prophylactics s 27 (prev s 18) am A1994-26 sch; A1998-54 sch; A2002-35 s 10, s 11 renum A2002-35 amdt 1.3 am A2017-4 amdt 3.105; A2018-25 s 28 Entry by police s 28 (prev s 20) renum A2002-35 amdt 1.3

Endnotes 4 Amendment history page 40 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Determination of fees s 29 (prev s 21) sub A2001-44 amdt 1.3314 renum A2002-35 amdt 1.3 am A2017-4 amdt 3.106; A2025-29 amdt 4.166 Approved forms s 30 (prev s 21A) ins A2002-35 s 13 renum A2002-35 amdt 1.3 am A2011-16 amdt 1.28; A2017-4 amdt 3.106; A2025-29 amdt 4.166 False or misleading information s 31 (prev s 21B) ins A2002-35 s 13 renum A2002-35 amdt 1.3 om A2004-15 amdt 2.149 Regulation-making power s 32 (prev s 22) am A1998-54 sch sub A2001-44 amdt 1.3315 renum A2002-35 amdt 1.3 am A2010-30 amdt 1.53; A2018-25 s 29; A2025-29 amdt 4.166 Transitional—registration notices etc for existing commercial brothels and commercial escort agencies s 33 (prev s 23) ins A2002-35 s 14 renum A2002-35 amdt 1.3 exp 16 June 2003 (s 33 (3), (4)) Sex Work Regulation 2018—sch 4 s 34 ins A2018-25 s 30 exp 9 August 2018 (s 34 (5)) Disqualifying offences—Crimes Act 1900 sch 1 ins A2002-35 s 15 am A2008-44 amdt 1.93; A2011-7 s 13; items renum R19 LA; A2013-12 s 43, s 44; items renum R23 LA; A2015-35 amdt 1.22; A2020-31 amdt 1.2; items renum R29 LA; A2022-13 amdt 1.4 Disqualifying offences—this Act sch 2 ins A2002-35 s 15 am A2004-10 s 24; A2010-30 amdt 1.54; A2018-25 ss 31-34; items renum R26 LA Disqualifying offences—foreign countries sch 3 ins A2002-35 s 15 ss renum R11 LA am A2015-35 amdt 1.23; A2018-25 s 35

Endnotes Amendment history 4 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Sex Work Regulation 2018 sch 4 ins A2018-25 s 36 exp 9 August 2018 (s 34 (5)) Dictionary dict ins A2002-30 amdt 3.623 am A2009-49 amdt 3.134; A2011-22 amdt 1.359; A2011-16 amdt 1.25; A2011-49 amdt 1.16; A2017-4 amdts 3.107-3.109; A2018-25 s 37 def annual notice ins A2002-35 s 16 om A2018-25 s 38 def authorised nurse practitioner ins A2004-10 s 25 om A2018-25 s 38 def brothel reloc from s 3 A2002-30 amdt 3.617 am A2018-25 s 39 def commercial brothel ins A2002-35 s 16 def commercial escort agency ins A2002-35 s 16 def commercial operator ins A2002-35 s 16 om A2018-25 s 40 def commercial sexual services reloc from s 3 A2002-30 amdt 3.617 sub A2004-30 s 9 am A2018-25 s 41 def commissioner ins A2011-16 amdt 1.26 def disqualifying offence ins A2002-35 s 16 def drug of dependence ins A2002-30 amdt 3.623 om A2008-26 amdt 2.128 def employed ins A2002-35 s 17 am A2018-25 s 42 def employing ins A2002-30 amdt 3.623 om A2002-35 s 17 def escort agency reloc from s 3 A2002-30 amdt 3.617 am A2018-25 s 43 def interested person ins A2002-35 s 18 def medical examination reloc from s 3 A2002-30 amdt 3.617 om A2004-10 s 26 def nurse practitioner position ins A2004-10 s 27 sub A2006-27 amdt 2.8 om A2018-25 s 44 def operator reloc from s 3 A2002-30 amdt 3.617 sub A2002-35 s 19 def police report ins A2002-35 s 20 def premises reloc from s 3 A2002-30 amdt 3.617 def premises used by a single prostitute reloc from s 3 A2002-30 amdt 3.617 am A2002-35 amdt 1.2 om A2018-25 s 45

Endnotes 4 Amendment history page 42 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def premises used by a single sex worker ins A2018-25 s 46 def prophylactic reloc from s 3 A2002-30 amdt 3.617 am A2010-30 amdt 1.55 def prostitute reloc from s 3 A2002-30 amdt 3.617 om A2018-25 s 47 def prostitution reloc from s 3 A2002-30 amdt 3.617 om A2018-25 s 47 def public place ins A2002-30 amdt 3.623 om A2018-25 s 47 def registrar ins A1994-97 sch pt 1 reloc from s 3 A2002-30 amdt 3.617 sub A2002-35 s 21 om A2011-16 amdt 1.27 def registration notice ins A2002-35 s 22 om A2018-25 s 47 def required police report ins A2002-35 s 22 def scope of practice ins A2004-10 s 27 sub A2006-27 amdt 2.9 om A2018-25 s 47 def sexually transmitted disease am A1997-70 sch 3 reloc from s 3 A2002-30 amdt 3.617 sub A2002-35 s 23; A2006-46 amdt 2.36 om A2010-30 amdt 1.56 def sexually transmissible infection ins A2010-30 amdt 1.56 def sexual services reloc from s 3 A2002-30 amdt 3.617 def sex work ins A2018-25 s 48 def sole operator ins A2002-35 s 24 om A2018-25 s 49 def sole operator brothel ins A2002-35 s 24 def sole operator escort agency ins A2002-35 s 24 def the operator ins A2002-35 s 24

Endnotes Earlier republications 5 R31 05/01/26 Sex Work Act 1992 Effective: 05/01/26 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk () in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A1994-97 28 February 1995 2 A2001-44 12 September 2001 3 A2002-30 17 September 2002 4 A2002-35 16 December 2002 5 A2002-51 1 January 2003 6 A2003-8 17 June 2003 7 A2003-8 15 August 2003 8 A2004-15 9 April 2004 9 (RI) †† A2004-15 5 July 2013 9 (RI No 2) †† A2004-15 † 5 July 2013 10 (RI) †† A2004-30 5 July 2013 11 (RI) †† A2004-56 5 July 2013 12 (RI) †† A2005-53 5 July 2013 13 (RI) †† A2006-46 5 July 2013 14 (RI) †† A2006-46 5 July 2013 15 (RI) †† A2008-44 5 July 2013 16 (RI) †† A2008-44 5 July 2013 17 (RI) †† A2009-49 5 July 2013 18 (RI) †† A2010-30 5 July 2013 19 (RI) †† A2011-7 5 July 2013 20 (RI) †† A2011-22 5 July 2013 21 (RI) †† A2011-22 5 July 2013

Endnotes 6 Renumbered provisions page 44 Sex Work Act 1992 Effective: 05/01/26 R31 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No Amendments to Republication date 22 (RI) †† A2011-49 5 July 2013 23 (RI) †† A2013-12 5 July 2013 24 A2015-35 2 October 2015 25 A2017-4 9 March 2017 26 A2018-25 9 August 2018 27 A2018-25 10 August 2018 28 A2019-33 10 October 2019 29 A2020-31 1 September 2020 30 A2022-13 17 August 2022 † reissue for retrospective amendment by A2004-30 s 7 †† reissue for textual correction (s 4) 6 Renumbered provisions This Act was renumbered under the Legislation Act 2001, in R4 (see Prostitution Amendment Act 2002 A2002-35). Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R10. © Australian Capital Territory 2026

The Act’s central structural concepts are defined in the dictionary and Part 2. Key terms are commercial brothel, commercial escort agency, sole operator brothel/agency, operator, interested person, required police report, disqualifying offence and commercial sexual services (s 5; dictionary). These definitions determine who has registration duties, who is excluded, and which conduct attracts disqualification.

Commercial brothel and commercial escort agency: A commercial brothel is any brothel other than a sole operator brothel, and a commercial escort agency is any escort agency other than a sole operator escort agency (s 5). The distinction creates a two-tier regulatory universe: commercial operators who run multi-worker enterprises and sole operators whose premises and business are solely owned and operated by one sex worker (s 5; dictionary: premises used by a single sex worker). Many registration duties apply only to commercial entities (ss 12-14).
Interested person and required police report: An interested person for a commercial brothel or agency includes each operator, each individual owner, and directors of corporate owners (s 5). For each interested person, the operator must provide a police report before operation and upon interest (s 12(1)(b), s 16). The police report is defined to include consent to police inquiries and imprints of fingers and palms of both hands (s 5 definition).
Disqualifying offence: The Act lists disqualifying offences by reference to Crimes Act provisions (sch 1), certain offences within the Act itself (sch 2), serious drug offences and money laundering (s 6(1)(a)(iii)-(iv)), certain Migration Act offences, related accessory or extension-of-liability offences, and specified foreign offences (s 6, sch 3). The statutory consequence is absolute: a person convicted or found guilty of a disqualifying offence must not become, or continue to be, an interested person for a commercial brothel or agency (s 15(1)). Other interested persons commit an offence if they knowingly or recklessly allow a disqualified person to be interested (s 15(2)).
Public register and public inspection: The commissioner must keep a register of information provided in notices and make the register available for public inspection (s 11(1), (3)). The register excludes information about establishments that have ceased to operate (s 11(2)).
Health and safety duties: Operators must provide prophylactics in sufficient quantity and personal protective equipment and take reasonable steps to ensure use (s 26A). Operators and owners must take reasonable steps to ensure prophylactic use for services involving penetration (s 27(1)); it is an offence to discourage prophylactic use (s 27(2)). Sex workers and clients are criminalised for providing or receiving penetrative commercial sexual services without a prophylactic (s 27(3)).
Child protection offences and burdens: Causing a child to provide commercial sexual services is a high‑penalty offence with absolute liability for the child-age element where the child is under 12 or where the child is 12 or older (s 20(1)-(4)). There is a statutory defence in specified offences (s 22) requiring reasonable steps to ascertain age and a reasonable belief the person was 18 in prosecutions under s 19(2) (accosting a child) or s 20 (causing a child).
Interaction with Criminal Code: Section 3A lists several Act provisions to which the Criminal Code (Ch 2) applies, importing general principles of criminal responsibility, burdens of proof and defences for those offences (s 3A).
Regulatory architecture: The Executive can make regulations addressing brothel cleanliness, hygiene, inspections, advertising form and content, and assistance for sex workers to gain training and education (s 32(2)(a)-(j)). Regulations may create contraventions with penalties up to 10 penalty units (s 32(3)).

These core concepts allocate decision‑rights: the commissioner collects and publishes registration data, police produce reports and have entry powers in defined circumstances, and the Executive and Minister set regulations and fees respectively (ss 11, 28, 29, 32). The definitions and schedules concretely tie eligibility for interest and operation to criminal-history screens and constrain business structures through the commercial/sole operator distinction.

Primary regulated parties are commercial operators of brothels and commercial escort agencies, the individuals and corporate owners of those businesses, and sex workers employed at or from those entities. The Act’s definition of interested person identifies who is subject to vetting: operators, individual owners, and directors of corporate owners (s 5). Those people must supply police reports with biometric imprints and state any convictions for disqualifying offences (s 5; s 12(2)(e)).

Sole operator sex workers and sole operator escort agencies are defined and, by the statutory architecture, are excluded from many of the registration duties that apply to commercial operators (s 5; compare ss 12-14 which only apply to operators of a commercial brothel or commercial escort agency). That structural distinction means the Act regulates multi-worker enterprises more intensively than single-worker businesses.

Clients are indirectly affected by health and prophylactic-use obligations. Section 27 criminalises the provision or receipt of penetrative commercial sexual services without a prophylactic and makes misuse or continued use of a damaged prophylactic an offence (s 27(3)-(4)). Operators must supply prophylactics and personal protective equipment and must not charge sex workers for these items (s 26A(1)-(3)). The obligations therefore impose a supply cost on commercial operators and impose criminal exposure on clients and sex workers who fail to use prophylactics as required.

Children and persons who exploit children are heavily affected. The Act imposes high maximum penalties for causing or procuring a child to provide commercial sexual services (s 20), criminalises receipt of proceeds derived from a child’s commercial sexual services where the recipient knows or ought reasonably to have known (s 21), and makes it an offence to permit a child on premises used for sex work (s 23). Police entry powers can be exercised where offences under ss 20, 21, or 23 have occurred or are likely to occur (s 28).

Policing and regulatory agencies are also directly affected. The commissioner for fair trading must maintain a public register and approve forms (s 11, s 30). The Minister may set fees and the Executive may make regulations governing hygiene, inspections and advertising, and prescribe minor offences with penalties up to 10 penalty units (ss 29, 32). Police officers have express powers of entry to brothels and escort agencies in specified circumstances and are the source of police reports and fingerprinting requirements (s 28; s 5).

Third parties who contract with commercial operators, such as landlords, advertisers, and suppliers, will be affected indirectly by the Act through regulations and by obligations on operators related to advertising and premises (s 32(2)(j) and (a)-(f)). Corporate directors of owners are specifically brought within "interested person" and therefore are subject to disqualification if convicted of listed offences (s 5; s 15).

Finally, the public is affected through the public inspection requirement for the register (s 11(3)) and through regulatory powers addressing location of brothels (s 4(c) objective; s 18 on prescribed locations). The Act therefore creates both private obligations and public visibility into the operation and ownership of commercial sex enterprises.

The Act imposes affirmative duties on commercial operators and delineates statutory rights and powers for enforcement entities. Below are the principal duties, their statutory source and immediate practical effect.

Registration and notification duties

Registration notice prior to operation: Each operator of a commercial brothel or commercial escort agency must give a registration notice and a required police report at least seven days before the brothel or agency begins to operate (s 12(1)). The registration notice must include business name and address, names and home addresses of persons in day-to-day control, ownership details (including directors and shareholders for corporate owners), and statements about whether each interested person has been convicted or found guilty of a disqualifying offence (s 12(2)(a)-(e)). Failure is an offence carrying up to 100 penalty units and 1 year imprisonment (s 12(1), maximum penalty).
Annual notice: An annual notice must be given before 1 October each year setting out similar particulars as the registration notice (s 13(1)-(2)). Non-compliance attracts the same maximum penalty as initial registration (s 13(1)).
Change notices and cessation notices: Operators must notify the commissioner in writing within seven days of any change to information previously provided and must notify within seven days after ceasing operations (s 14(1)-(2)). Failure attracts the same maximum penalties (s 14).

Police report and biometric duty

Required police reports: For each interested person, a police report must be provided,defined to include consent to police inquiries and imprints of the fingers and palms of both hands (s 5 definition). Section 16 makes it an offence to fail without reasonable excuse to give the commissioner a police report at least seven days before becoming an interested person, punishable by up to 100 penalty units and 1 year imprisonment.

Disqualification duties

Disqualifying offence bar: A person convicted or found guilty of a disqualifying offence must not become or continue as an interested person; other interested persons commit an offence if they know or are reckless in relation to a disqualified person becoming or remaining interested (s 15(1)-(2)). Schedule 1 lists Crimes Act offences that are disqualifying; sch 2 lists Act offences; sch 3 lists specified foreign offences (s 6; schs 1-3).

Health and safety duties

Medical-test representation: Operators must take reasonable steps to stop any use of medical tests or results to induce belief that a sex worker is not infected with an STI, and sex workers themselves must not make statements designed to induce such a belief (s 26(1)-(2)). Section 26(3) classifies the operator offence as strict liability. There is an operator exemption where the operator uses a sex worker’s medical test or result to satisfy themself that the sex worker is uninfected (s 26(4)). Medical test is defined to include taking samples for testing (s 26(5)).
Supply of prophylactics and PPE: Operators of commercial brothels or escort agencies must provide sex workers prophylactics in sufficient quantity to comply with s 27(3), provide personal protective equipment and take reasonable steps to ensure use, and must not charge or levy a sex worker for these items (s 26A(1)-(3)). Each contravention attracts a 40 penalty unit maximum.
Prophylactic use: Operators and owners must take reasonable steps to ensure the use of prophylactics for services involving vaginal, oral or anal penetration (s 27(1)). Operators must not discourage prophylactic use (s 27(2)). Provision or receipt of penetrative commercial sexual services without a prophylactic is an offence (s 27(3)). Misuse or knowingly using a damaged prophylactic is an offence (s 27(4)). Penalties vary up to 100 penalty units for discouragement (s 27(2)).

Child-protection duties

Prohibition on causing or permitting child sexual services: Causing, permitting, offering or procuring a child to provide commercial sexual services carries very large maximum penalties,1 500 penalty units and 15 years imprisonment where the child is under 12 (s 20(1)). Absolute liability applies to the age element in both the under-12 and 12-or-older offences (s 20(2), (4)).
Proceeds: It is an offence to receive a payment the recipient knows or could reasonably be expected to have known is derived from a child’s commercial sexual services, punishable by up to 7 years imprisonment (s 21(1)); a narrow exception covers payments received in the ordinary course of a business other than sex work.

Enforcement rights and administrative powers

Public register: The commissioner must keep a register of information provided and make the information available for public inspection (s 11(1), (3)). The commissioner may approve and require use of particular forms (s 30). The Minister may set fees and the Executive may make regulations setting hygiene standards, inspection powers, advertising rules and ancillary offences (ss 29, 32).
Police entry: A police officer may enter a brothel or escort agency where the officer reasonably believes an offence under ss 20, 21 or 23 has been, is being or is likely to be committed and entry is necessary for prevention, investigation or apprehending an offender (s 28).

Rights of regulated persons

Defence and burden rules: The Act contains a specific statutory defence for age matters in certain prosecutions where defendants took reasonable steps to ascertain age and reasonably believed the person was 18 (s 22). For certain listed offences the Criminal Code applies and thus Code principles of criminal responsibility and general defences and burdens will govern (s 3A).
Administrative review: The Act makes administrative instruments subject to parliamentary oversight,the Minister’s fee determinations are disallowable instruments (s 29(2)); approved forms and regulations are notifiable and disallowable as appropriate (s 30(3); s 32).

Collectively, the duties allocate costs primarily to commercial operators (registration, vetting, PPE/prophylactic supply, hygiene compliance), place criminal exposure on persons who exploit children or misrepresent health status, and confer powers on police and the commissioner to inspect, collect biometric police reports, and publish register information.

The Act combines monetary penalties expressed in penalty units, custodial sentences, and administrative regulatory powers. Penalty units are the standard unit; the front matter notes the penalty unit value at republication is $160 for an individual and $810 for a corporation under the Legislation Act 2001, s 133. Specific statutory maxima are set in relevant provisions.

Criminal penalties and sentences

Registration, disclosure and related offences: Failure to supply required registration notices, police reports, annual notices, change notices, or cessation notices attracts a maximum penalty of 100 penalty units, imprisonment for 1 year, or both (ss 12(1), 13(1), 14(1)-(2)). Failure to give a police report before becoming an interested person carries the same maximum (s 16).
Health and PPE obligations: Failure by a commercial operator to provide sufficient prophylactics or PPE or to take reasonable steps to ensure their use attracts a maximum penalty of 40 penalty units for each contravention (s 26A(1)-(2)). Charging a sex worker for prophylactics or PPE is also 40 penalty units (s 26A(3)). Failure to ensure prophylactic use by operators and owners is a maximum 50 penalty units (s 27(1)); discouraging prophylactic use by an operator or owner is a maximum 100 penalty units (s 27(2)). A person providing or receiving penetrative commercial sexual services without a prophylactic faces up to 50 penalty units (s 27(3)). Misuse or damaging prophylactics attracts up to 50 penalty units (s 27(4)).
Duress and violence-related offences: Inducing someone to provide or continue to provide commercial sexual services by intimidation, assault, supply of controlled medicines or prohibited substances, or fraudulent representation is punishable by imprisonment for up to 6 years (s 17(1)). A similar 6-year maximum applies where the same conduct is used to induce a person to provide payment derived from commercial sexual services (s 17(2)).
Child-protection offences: Causing, permitting, offering or procuring a child to provide commercial sexual services carries the highest criminal exposure: if the child is under 12, up to 1 500 penalty units, imprisonment for 15 years or both; if the child is 12 or older, up to 1 000 penalty units, imprisonment for 10 years or both (s 20(1), (3)). The Act states absolute liability applies to the age element in both subparagraphs referenced (s 20(2), (4)). Receiving payment known or reasonably expected to have been derived from a child’s commercial sexual services carries imprisonment for up to 7 years (s 21(1)). Permitting a child on premises is a smaller offence with a maximum 20 penalty units (s 23).

Strict and absolute liability

Section 26(3) expressly classifies the operator offence concerning medical-test representations as a strict liability offence. Sections 20(2) and 20(4) impose absolute liability regarding the age element of child-exploitation offences. For offences that the Criminal Code applies to (s 3A lists several provisions), the Code’s general principles, including defences and burden allocations, apply.

Administrative and policing enforcement

Public inspection and forms: The commissioner must maintain a register and make it publicly inspectable (s 11(3)). The commissioner may approve forms that must be used where approved (s 30(1)-(2)). Approved forms and ministerial fee determinations are notifiable/disallowable instruments, giving a parliamentary mechanism for oversight of procedural instruments (ss 29(2), 30(3)).
Regulatory offences: The Executive may make regulations on a range of operational matters and may prescribe offences for breaches of the regulations with maximum penalties of not more than 10 penalty units (s 32(2)-(3)).
Police entry: Police may enter brothels or escort agencies where they reasonably believe offences under ss 20, 21 or 23 have occurred, are occurring or are likely to occur and entry is necessary for prevention or investigation (s 28). The statutory threshold is reasonable belief and necessity for the listed purposes.

Intersection with Criminal Code

Section 3A specifies that the Criminal Code, ch 2 applies to a subset of Act offences (including ss 12, 13, 14, 20, 26, 26A). For those offences the Criminal Code supplies general principles of criminal responsibility, including burdens of proof and defences. That means for these offences prosecutions will be shaped by Code rules on fault elements, recklessness, and strict liability where applicable, recognising that the Act also declares some offences strict or absolute as noted above.

Enforcement outcomes depend on both the legislative maxima and prosecutorial discretion, and on administrative follow-through such as inspection programmes under regulations (s 32(2)(f)). The statutory architecture deputises both police and the commissioner to identify non-compliance and to collect and publish registration data, and imposes criminal sanctions aimed at severe harms (notably child exploitation) as well as regulatory penalties for operational breaches.

The Act explicitly cross-references and integrates with several other statutory regimes. There are three principal interaction types: incorporation of external criminal law standards, cross-referencing to Commonwealth or interstate offences for disqualification, and delegated regulation/administration.

Criminal Code and Criminal-law integration

Section 3A identifies certain Act offences (ss 12, 13, 14, 20, 26, 26A) to which the Criminal Code, ch 2 applies. That incorporation means prosecutions for these offences are governed by the Code’s general principles of criminal responsibility, such as definitions of conduct, intention, recklessness, and rules on burdens of proof and defences. The Code therefore supplies the foundational criminal law concepts for those listed contraventions (s 3A).
Section 6 includes, as disqualifying offences, provisions of the Criminal Code such as chapter 6 (Serious drug offences) and references to Code parts dealing with accessory liability and extensions of criminal responsibility (s 6(1)(a)(iv) and (c)). The Act also treats offences against the Crimes Act 1900 listed in schedule 1 as disqualifying offences (s 6(1)(a)(i); sch 1).

Commonwealth law and Migration Act interaction

The Act treats certain Commonwealth offences as disqualifying. Section 6(1)(d) lists specific Migration Act 1958 offences (ss 232A, 233(1), 233A) as disqualifying, and s 6(1)(e) covers corresponding Commonwealth law provisions for accessories or extensions of liability related to those Migration Act offences. That imports federal migration‑related criminality into the local disqualification framework.

Interstate and foreign offences

Section 6(1)(b) treats offences against Commonwealth, State or Territory laws corresponding to listed offences as disqualifying. Section 6(1)(f) brings in offences of specified kinds in foreign countries through schedule 3; sch 3 also provides that aiding, abetting, accessory after the fact, attempts, incitement and conspiracy in relation to those foreign offences are included (sch 3.1(2)). That creates a mechanism by which overseas convictions of certain types can disqualify an interested person in the ACT.

Administrative law and forms

The commissioner for fair trading has roles created in the Act (s 11, s 30). Approved forms are notifiable instruments and the Minister’s fee determinations are disallowable instruments (s 29(2), s 30(3)). Those administrative instruments will be subject to procedural and parliamentary oversight rules in the Legislation Act and administrative law remedies where applicable.

Health law interconnection

The Act references other health statutes in definitions and offences. For example, "controlled medicine" and "prohibited substance" are defined by the Medicines, Poisons and Therapeutic Goods Act 2008 (s 17(3) indicates those definitions are to be taken from that Act). The Act also notes that failing to take reasonable precautions against transmitting a notifiable condition may engage Public Health Regulation 2000 obligations (note under s 27). The Health Amendment Act 2019 and earlier health-related amendments appear in the amendment history, indicating iterative policy alignment.

Penalties and penalty unit regime

The Legislation Act 2001 supplies the meaning and monetary value of penalty units, noted in the republication front matter (penalty unit values at republished date) and invoked throughout the Act. This means fines in penalty units must be translated to dollar amounts using the Legislation Act framework.

Regulation-making power

The Executive can make regulations that address brothel cleanliness, laundering of linen, hygiene for sexual aids, disposal of used prophylactics, inspection powers and the provision of information about sexually transmissible infections, among other matters (s 32(2)(a)-(i)). The regulations may prescribe offences with penalties up to 10 penalty units (s 32(3)). Regulation content will therefore shape much of the operational compliance environment and extend the Act’s scope into technical operational rules.

Policing powers and evidence collection

Police powers to enter premises under s 28 interact with general policing and search warrant regimes; the Act sets a reasonable‑belief plus necessity threshold for entry where offences under ss 20, 21 or 23 are suspected. Those powers will interact with statutory protections in search and seizure law, evidence admissibility principles and procedural law.

Taken together, the Act is embedded in a matrix of Territory criminal law, Commonwealth offence regimes, health and medicines law, and the administrative law governing forms, instruments and fees. Practitioners should note that several Act provisions expressly import external definitions or apply the Criminal Code, meaning interpretation and enforcement will often rely on cross‑statutory concepts and procedures beyond the Act’s text.

The Act has undergone numerous amendments since its original enactment in 1992, with renaming and structural changes reflected in the endnotes. The most salient mechanical amendments recorded in the republication are as follows.

Renaming and structural revisions

Originally enacted as the Prostitution Act 1992, the Act was renamed Sex Work Act 1992 by the Prostitution Amendment Act 2018 A2018-25 (endnotes, legislation history). The 2018 amendments also relocated, inserted and omitted a range of definitions and provisions across the Act and introduced a Sex Work Regulation 2018 by sch 4 (which had an expiry clause) (endnotes).

Major insertions and policy additions

Part 2 registration provisions and the "disqualifying offence" architecture were significantly reworked by the Prostitution Amendment Act 2002 A2002-35, which created the Part 2 structure for registration, defined commercial brothels and commercial escort agencies, and introduced required police reports and the register duties (endnotes, A2002-35). The 2002 reform also established the interested person concept and disqualification machinery.
The Criminal Code, Medicines, Poisons and Therapeutic Goods Act and other criminal-law modernisations were integrated into the Act across amendments in 2004-2005 and later; for example, amendments in 2004 and 2005 aligned the Act with Serious Drug Offences and other Code changes (endnotes list Criminal Code 2002, A2004-56, A2005-53).
Health-related amendments: the Public Health (Miscellaneous Provisions) Act 1997, Health Legislation Amendment Acts (2006), and Health Amendment Act 2019 amending health-related definitions and aligning medical‑test and infection-related provisions are recorded in the amendment history (endnotes).
Child-protection and related offences: amendments in the 2010s expanded disqualifying offences and updated child-related definitions and penalties, for example Crimes (Child Sex Offenders) Amendment Act 2015 and various Crimes Legislation Amendment Acts up to 2017 and 2020 (endnotes).

Recent and procedural amendments

The Statute Law Amendment Act 2025 A2025-29 (notified LR 6 November 2025) amended parts of the Act and took effect on 5 January 2026 per the republication details (endnotes). Amendments in 2025 updated definitions and multiple sections (see amendment history references to A2025-29 amdt 4.166 applied to ss and to s 12, s 13, s 29, s 30).
The Act has been renumbered multiple times under the Legislation Act 2001, and the endnotes provide details of renumbering, editorial adjustments and relocations of definitions to the dictionary (endnotes, renumbered provisions and amendment history).

Transitional and regulatory instruments

The Act has had a number of transitional instruments and a Sex Work Regulation 2018 inserted in 2018 (sch 4) that was temporary, with the schedule indicating an expiry (endnotes). Regulations and subordinate instruments have been used repeatedly to specify hygiene and inspection details (s 32(2); endnotes reference insertion of sch 4).

Legislative pattern

The amendment history shows iterative updates responding to broader criminal law reform (eg incorporation of Criminal Code elements) and health policy changes (eg medical-test and STI terminology updates). Changes have toggled between tightening criminal controls (notably in relation to child protection and duress) and reclassifying or streamlining administrative arrangements (eg moving definitions to the dictionary, consolidating the commissioner functions).

Practical implication of amendment history

For practitioners, the amendment history indicates areas of likely regulatory detail in subordinate instruments (regulations and approved forms) and points where cross-references to other statutes have been introduced. The republication date and endnotes provide the authoritative track for when particular amendments took effect (for example s 29 and s 30 amendments by A2025-29 with commencement 5 January 2026).

The Act’s history is therefore a mix of structural reform (2002), health and criminal law alignment (mid-2000s onward), renaming and definitional modernisation (2018), and recent technical amendments (2025). The endnotes in the republished Act should be consulted for precise commencement dates and for locating particular textual changes when advising clients about historical compliance or transitional obligations.

The republished text of the Sex Work Act 1992 does not include judicial decisions, and no cases are recorded in the Act or the endnotes. The legislation itself refers to other statutory sources and to schedules of disqualifying offences, but it contains no internal litigation annotations or case list.

Implications and next steps for practitioners

Absence of decisions in the Act does not mean absence of case law. Legal practitioners, compliance officers and journalists should search jurisdictional case law databases for decisions construing the Act, including rulings on:
- the nature and scope of the register and public inspection rights under s 11(3);
- the scope and limits of police entry under s 28, particularly interaction with search warrant and s 28 necessity and reasonable belief thresholds;
- the application of strict or absolute liability provisions (eg s 20 absolute liability for age, s 26 strict liability for operator misrepresentations);
- the operation of the disqualifying-offence bar (s 15) where convictions are from other jurisdictions (s 6(1)(b), sch 3);
- the interaction with the Criminal Code where s 3A imports Code principles.
Because s 3A expressly imports Criminal Code ch 2 principles for specific Act offences, case law under the Criminal Code on burdens, intention, recklessness and strict liability may be relevant. Practitioners should consider decisions interpreting the Code in analogous contexts.
Administrative law litigation might arise from decisions by the commissioner for fair trading,eg refusal to register, handling of police reports, or decisions to make register information publicly available. Parties may seek administrative review or judicial review of such decisions under administrative law grounds.
Regulatory enforcement decisions under s 32 regulations (once made) could also generate civil or administrative litigation, including challenges to inspection practices or to the imposition of regulatory penalties.

Recommended search strategy

Use ACT-specific legal databases and the Australasian Legal Information Institute (AustLII) to search for cases citing the Sex Work Act 1992, and for decisions under the Criminal Code that apply to offences specified in s 3A. Include searches for related statutes referenced in the disqualifying schedules (Crimes Act 1900, Migration Act, Criminal Code chapters) because rulings under those Acts may be relevant to disqualification questions.
Check tribunal and administrative decisions involving the commissioner for fair trading for disputes over registration, fees (s 29), or form requirements (s 30).
For matters involving health or public health regulation, review public health tribunal decisions or Health Directorate administrative determinations where the Act’s obligations on medical tests, STI disclosure and hygiene are at issue.

Absent explicit litigation history in the republished Act, practitioners must rely on external case-law research and administrative decisions to establish precedents for interpreting and enforcing the statutory provisions.

The Act contains several provisions and drafting features that create traps for unwary operators, sex workers and advisers.

Public register and privacy risks

The commissioner must make information in the register available for public inspection (s 11(3)). Registration notices require names and home addresses of persons in day-to-day control and, for individual owners, home addresses (s 12(2)(b), (c)). Police reports include biometric imprints and consent (s 5). The public nature of the register combined with biometric and home-address information raises privacy and personal safety concerns for interested persons. There is no express confidentiality carve-out for sensitive personal data in s 11. Practitioners should advise clients to plan for public visibility of certain personal details and consider data-protection and safety implications.

Biometric requirement and consent form

The police report is defined to include imprints of fingers and palms of both hands and a consent to police inquiries about the criminal record (s 5). A failure to provide a police report at least seven days before becoming an interested person is an offence (s 16). Timing, form compliance and the handling of biometric data are operationally critical.

Sole operator distinction and possible regulatory arbitrage

The Act distinguishes commercial brothels and agencies from sole operator premises (s 5). Registration, police-report and many disclosure duties apply only to commercial operators (ss 12-14). That creates a structural incentive for businesses to adopt sole-operator arrangements to avoid registration obligations. The Act defines "premises used by a single sex worker" narrowly with exceptions (dictionary). Advisers should carefully check whether a business model intended to fall outside Pt 2 actually meets the sole-operator definition; otherwise the operator risks registration offences.

Absolute and strict liability traps

Sections 20(2) and 20(4) impose absolute liability as to the age element for child exploitation offences; conviction could follow irrespective of belief or reasonable steps regarding age. Section 26(3) makes the operator offence about medical-test representations strict liability. Operators and others cannot rely on usual fault-based defences for those elements. Criminal exposure for failing to ensure no misleading use of medical tests or for causing children to be exploited is therefore acute. The statutory defence in s 22 applies to prosecutions under s 19(2) (accosting a child) or s 20 only if reasonable steps were taken to ascertain age and the defendant reasonably believed the person was 18 (s 22), but s 20 has separate absolute liability statements on age.

Charging for prophylactics and PPE

Section 26A(3) makes it an offence for an operator to charge or impose a levy on a sex worker for prophylactics or personal protective equipment, with a maximum penalty of 40 penalty units. Operators accustomed to passing on supply costs should note this explicit prohibition and plan for the procurement cost.

Operator contradiction on medical tests

Section 26(1) makes it an offence for operators to fail to take reasonable steps to ensure medical tests or results are not used to induce someone to believe a sex worker is uninfected. Yet s 26(4) provides a specific exception where the operator uses medical tests or results "to satisfy himself or herself that the sex worker is not infected". That carve-out can be operationally ambiguous and will require clear policies and recordkeeping to show how the operator used tests for internal due diligence rather than for client inducement.

Prophylactic use and client/worker criminal exposure

Section 27(3) criminalises the provision or receipt of penetrative commercial sexual services without a prophylactic. That makes individual sex workers and clients criminally liable as well as operators. Practically, enforcing prophylactic use in an out-call or private context may be difficult; operators should consider policies that reduce risk but must recognise that an enforcement action could target individuals as well.

Police entry threshold

Police can enter premises if they reasonably believe ss 20, 21 or 23 offences have been or will be committed and entry is necessary for prevention, investigation or apprehension (s 28). The combination of "reasonable grounds" and necessity language creates a lower threshold than a warrant in some circumstances. Operators should maintain compliance documentation and be prepared to justify their practices at inspection.

Regulatory scope and subordinate instruments

The Executive may make regulations on detailed operational matters including cleanliness, laundering, disposal of used prophylactics, inspection procedures and the provision of information relating to STIs (s 32(2)). The regulations may introduce further offences with penalties up to 10 penalty units (s 32(3)). The Act therefore leaves significant implementation detail to subordinate law; practitioners must monitor regulations and approved forms closely.

Cross-jurisdictional disqualification

Section 6 treats foreign and interstate offences corresponding to listed categories as disqualifying. Operators and directors with overseas convictions should assess whether those convictions fall within sch 3 categories, which include sexual servitude, child exploitation material, violence related to commercial sexual services, money laundering and illegal immigration, among others (sch 3.1(1)). The test includes aiding, abetting and accessories (sch 3.1(2)), so even non-principal foreign convictions may disqualify.

Administrative instrument oversight

Fee determinations and approved forms are disallowable or notifiable instruments (ss 29(2), 30(3)). Errors in forms or failure to use approved forms where required can be a statutory compliance issue. Operators must use approved forms the commissioner requires (s 30(2)).

Taken together, these features create high-risk compliance points: biometric police reports and public register exposure, strict and absolute liability for health and child-protection offences, prohibition on recovering prophylactic/PPE costs, and substantial delegated regulatory detail. Advice and systems should be documented to show reasonable steps taken.

Compliance must be operationalised across governance, personnel vetting, health and safety, recordkeeping, and regulatory monitoring. Below are concrete steps mapped to statutory requirements and to common implementation risks.

Determine whether the business is a commercial operator

Confirm whether premises/business meet the Act’s definition of a commercial brothel or commercial escort agency rather than a sole operator setup (s 5; dictionary). If the business structure is intended to be sole-operator, ensure the operation falls squarely within the statutory exclusions for sole operator premises to avoid unintended application of Pt 2 obligations.

Registration and police-report timing and content

For each interested person (operators, individual owners, directors of corporate owners), obtain a police report meeting the Act’s definition: it must be a report by a police officer or the Australian Criminal Intelligence Commission made on a form containing consent and imprints of fingers and palms of both hands (s 5 definition; s 12(1)(b)). Ensure these police reports are provided to the commissioner at least seven days before operation commences or before the person becomes an interested person (ss 12(1), 16). Use the commissioner’s approved forms where required (s 30(2)).
Prepare and provide the registration notice with required particulars (business name/address; names and home addresses of day-to-day controllers; ownership details; for corporate owners, names and home addresses of directors and shareholders; a statement about disqualifying convictions for each interested person) as set out in s 12(2). Keep copies in organisational records.

Annual and change notifications

Lodge an annual notice before 1 October each year containing the particulars specified in s 13(2). Implement an internal change-notification procedure to ensure written notices of any changes to commissioner-supplied information are made within seven days (s 14(1)), and that cessation notices are filed within seven days after operations stop (s 14(2)). Assign an accountable officer and maintain a compliance calendar with reminders for these statutory deadlines.

Vetting and disqualification management

Screen all interested persons against the schedule of disqualifying offences (s 6; schs 1-3). If a person has been convicted or found guilty of a disqualifying offence, they must not be an interested person and other interested persons must not knowingly or recklessly allow such a person to be interested (s 15). Maintain records of police reports and steps taken to ensure compliance, and seek legal advice promptly if a past conviction might fall within sch 3 foreign categories or correspond to listed offences.

Health, PPE and prophylactic obligations

Procure and store sufficient prophylactics and personal protective equipment; provide them free of charge to sex workers employed at the brothel or from the escort agency, and do not impose levies or charges for these items (s 26A(1)-(3)). Keep stock records to demonstrate sufficiency.
Implement and document reasonable steps to ensure prophylactic use for services involving penetration including clear policies, staff training and visible client communications (s 27(1)). Avoid any practice or messaging that could be interpreted as discouraging prophylactic use (s 27(2)). Train staff and workers regarding proper use and the prohibition against misuse or continued use of damaged prophylactics (s 27(4)).

Medical-test communications and representations

Develop internal protocols governing medical testing and communications about test results to prevent misleading statements that could induce clients to believe a sex worker is uninfected (s 26(1)-(2)). Because s 26(3) makes the operator offence strict liability, proactive documentation demonstrating steps taken (eg signage, client information sheets, written worker policies) is advisable. If an operator intends to use a sex worker’s test results to satisfy themselves about infection status, document the process to align with the s 26(4) exemption.

Child protection and premises controls

Strictly prohibit children from premises used for sex work and implement identity and age-verification systems. Section 20 imposes absolute liability for age in certain child exploitation offences, and s 23 makes permitting a child on premises an offence. Maintain visitor logs, security checks and staff training to prevent inadvertent breaches.

Advertising, premises location and hygiene

Check for local rules on prescribed locations for brothels since operating a brothel outside a prescribed location is an offence (s 18). Monitor regulations made under s 32 concerning cleanliness, laundering of linen, disposal of used prophylactics, hygiene for sexual aids, showers and washing facilities, and the size/form/content of advertisements (s 32(2)(a)-(j)). Use the commissioner’s approved forms for notices and invoices and comply with fee determinations by the Minister (ss 29-30).

Recordkeeping and evidence of reasonable steps

Keep robust records to show reasonable steps were taken in all statutory contexts where the Act requires or implies such steps (eg s 26 operator obligations, s 26A PPE provision, s 27 prophylactic steps, s 22 age ascertainment defence). Records could include signed acknowledgements, training logs, stock invoices, CCTV (subject to privacy law), client information packs, and incident reports.

Regulatory monitoring and instrument compliance

Monitor both the Sex Work Act and subordinate instruments. Approved forms and regulations are notifiable/disallowable instruments (s 29(2), s 30(3)), and the Executive’s regulations may add operational details and offences (s 32(3)). Subscribe to the ACT legislation register for updates and adjust compliance policies promptly when regulations or forms change.

Legal and insurance considerations

Seek legal advice where there is doubt about disqualification, cross-jurisdictional convictions, or when contemplating organisational structures aimed at avoiding registration. Review insurance policies for coverage of regulatory penalties, criminal acts and public-liability risks, and ensure worker health policies align with public health obligations.

Training and internal compliance governance

Nominate a compliance officer responsible for statutory reporting, for liaison with the commissioner and for ensuring forms and police reports are correctly completed. Provide training for staff and workers on criminal exposure (eg duress provisions s 17, prophylactic use s 27, child protection s 20-21), health and safety, and privacy handling of personal and biometric data.

These steps align with specific statutory duties (see ss 5, 11-16, 20, 21, 23, 26-27, 26A, 29-30, 32). Diligent documentation demonstrating "reasonable steps" where required will be a common theme in effective compliance plans.

Sex Work Act 1992

Plain English Summary

Deep Dive

What it does

Current sections

Sex Work Act 1992

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply