Part 6Brothels

Part 6—Brothels 27—Interpretation brothel means premises— (a) to which persons resort for the purpose of prostitution; or (b) occupied or used for the purpose of prostitution; premises includes a part of premises. 28—Keeping and managing brothels (a) keeps or manages a brothel, or assists in keeping or managing a brothel; or (b) receives money paid in a brothel in respect of prostitution, Maximum penalty: For a first offence—$1 250 or imprisonment for 3 months. For a subsequent offence—$2 500 or imprisonment for 6 months. (2) A person who acts or behaves as master or mistress, or as a person having the control or management, of a brothel will, for the purposes of this section, be taken to keep that brothel, whether he or she is or is not the keeper. 29—Permitting premises to be used as brothels A person who— (a) lets or sublets premises knowing that they are to be used as a brothel; or (b) permits premises to be used as a brothel, For a first offence—$1 250 or imprisonment for 3 months. For a subsequent offence—$2 500 or imprisonment for 6 months. 30—Prosecutions (1) A prosecution cannot be instituted under this Part without the written consent of the Commissioner or a senior police officer. (2) An apparently genuine document produced by the prosecutor and purporting to authorise a prosecution under this Part and purporting to be signed by the Commissioner or a senior police officer will be accepted, in the absence of proof to the contrary, as evidence of the consent of the Commissioner or senior police officer to the prosecution. 31—Determination of tenancy of brothels (1) Upon the conviction of the tenant, lessee or occupier of premises for permitting the premises, or a part of the premises, to be used as a brothel, the landlord or lessor may require the person so convicted to assign the lease or other contract under which the premises are held to some person approved by the landlord or lessor (which approval must not be unreasonably withheld). (2) If a person so convicted fails within one month to assign the lease or contract in accordance with a requirement made under subsection (1), the landlord or lessor may determine the lease or other contract, but without prejudice to any rights or remedies of a party to the lease or contract in respect of anything done or omitted before the determination of the lease or contract. (3) If the landlord or lessor, after such a conviction has been brought to his or her notice, fails to exercise the rights under subsection (1) and subsequently during the subsistence of the lease or contract the premises are again used as a brothel, the landlord or lessor will be taken to have permitted the premises to be used as a brothel. (4) Where a landlord or lessor determines a lease or other contract under the powers conferred by this section and subsequently grants another lease or enters into another contract of tenancy to, with or for the benefit of the same person, without causing to be inserted in the lease or contract reasonable and adequate provisions for preventing the premises from being used as a brothel, he or she will, if the premises are subsequently used as a brothel, be taken to have permitted the premises to be used as a brothel. 32—Power of police to enter suspected brothels The Commissioner or a senior police officer, or any other police officer authorised in writing by the Commissioner or a senior police officer, may at any time enter and search premises which he or she suspects on reasonable grounds to be a brothel.