Criminal Legislations

Section 19A Summary Offences Act – Soliciting Prostitutes by Clients


Section 19A of the Summary Offences Act 1998 (NSW) is the criminal offence of Soliciting Prostitutes by Clients and is stated below.

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The Legislation

19A Soliciting prostitutes by clients

(1) A person in a road or road related area must not, near or within view from a dwelling, school, church or hospital, solicit another person for the purpose of prostitution. Maximum penalty: 6 penalty units or imprisonment for 3 months.

(2) A person must not, in a school, church or hospital, solicit another person for the purpose of prostitution. Maximum penalty: 6 penalty units or imprisonment for 3 months.

(3) A person must not, in or near, or within view from, a dwelling, school, church, hospital or public place, solicit another person, for the purpose of prostitution, in a manner that harasses or distresses the other person. Maximum penalty: 8 penalty units or imprisonment for 3 months.

(4) The provisions of this section are in addition to, and do not derogate from, any other law (including section 4).

(5) In this section:
(a) a reference to a person who solicits another person for the purpose of prostitution is a reference to a person who does so as a prospective client of a prostitute, and
(b) a reference to soliciting includes a reference to soliciting from a motor vehicle, whether moving or stationary.

Section 19 Summary Offences Act – Soliciting Clients by Prostitutes


Section 19 of the Summary Offences Act 1998 (NSW) is the criminal offence of Soliciting Clients by Prostitutes and is stated below.

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The Legislation

19 Soliciting clients by prostitutes

(1) A person in a road or road related area shall not, near or within view from a dwelling, school, church or hospital, solicit another person for the purpose of prostitution. Maximum penalty: 6 penalty units or imprisonment for 3 months.

(2) A person shall not, in a school, church or hospital, solicit another person for the purpose of prostitution. Maximum penalty: 6 penalty units or imprisonment for 3 months.

(3) A person shall not, in or near, or within view from, a dwelling, school, church, hospital or public place, solicit another person, for the purpose of prostitution, in a manner that harasses or distresses the other person. Maximum penalty: 8 penalty units or imprisonment for 3 months.

(4) The provisions of this section are in addition to, and do not derogate from, any other law (including section 4).

(5) In this section:
(a) a reference to a person who solicits another person for the purpose of prostitution is a reference to a person who does so as a prostitute, and
(b) a reference to soliciting includes a reference to soliciting from a motor vehicle, whether moving or stationary.

Section 18A Summary Offences Act – Advertising for Prostitutes


Section 18A of the Summary Offences Act 1998 (NSW) is the criminal offence of Advertising for Prostitutes and is stated below.

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The Legislation

18A Advertising for prostitutes

(1) A person shall not, in any manner, publish or cause to be published an advertisement for a prostitute. Maximum penalty: 10 penalty units or imprisonment for 3 months.

(2) In this section, “advertisement for a prostitute” means an advertisement that indicates, or that can be reasonably taken to indicate, that:
(a) employment for a prostitute is or may be available, or
(b) a person is required for employment as a prostitute or to act as a prostitute, or
(c) a person is required for employment in a position that involves, or may involve, acting as a prostitute.

Section 18 Summary Offences Act – Advertising Premises Used for Prostitution


Section 18 of the Summary Offences Act 1998 (NSW) is the criminal offence of Advertising Premises Used for Prostitution and is stated below.

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The Legislation

18 Advertising premises used for prostitution

A person shall not, in any manner:

(a) publish or cause to be published an advertisement, or
(b) erect or cause to be erected any sign,
indicating that any premises are used or are available for use, or that a person is available, for the purposes of prostitution.

Maximum penalty: 6 penalty units or imprisonment for 3 months.

Section 17 Summary Offences Act – Allowing Premises to be Used for Prostitution


Section 17 of the Summary Offences Act 1998 (NSW) is the criminal offence of Allowing Premises to be Used for Prostitution and is stated below.

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The Legislation

17 Allowing premises to be used for prostitution

(1) A person, being the owner, occupier or manager, or a person assisting in the management, of any premises held out as being available:
(a) for the provision of massage, sauna baths, steam baths or facilities for physical exercise, or
(b) for the taking of photographs, or
(c) as a photographic studio,
or for services of a like nature, shall not knowingly suffer or permit the premises to be used for the purpose of prostitution or of soliciting for prostitution. Maximum penalty: 50 penalty units or imprisonment for 12 months.

(2) A conviction under subsection (1) does not exempt the offender from any penalty or other punishment to which he or she may be liable for keeping or being concerned in keeping a disorderly house, or for the nuisance occasioned by it.

Section 16 Summary Offences Act – Prostitution or Soliciting in Massage Parlours


Section 16 of the Summary Offences Act 1998 (NSW) is the criminal offence of Prostitution or Soliciting in Massage Parlours and is stated below.

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The Legislation

16 Prostitution or soliciting in massage parlours etc

A person shall not use, for the purpose of prostitution or of soliciting for prostitution, any premises held out as being available:

(a) for the provision of massage, sauna baths, steam baths or facilities for physical exercise, or
(b) for the taking of photographs, or
(c) as a photographic studio,
or for services of a like nature.

Maximum penalty: 5 penalty units or imprisonment for 3 months.

Section 15A Summary Offences Act – Causing or Inducing Prostitution


Section 15A of the Summary Offences Act 1998 (NSW) is the criminal offence of Causing or Inducing Prostitution and is stated below.

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The Legislation

15A Causing or inducing prostitution

(1) A person must not, by coercive conduct or undue influence, cause or induce another person to commit an act of prostitution.

(2) A person must not, by coercive conduct or undue influence, cause or induce another person to surrender any proceeds of an act of prostitution.
Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

Section 15 Summary Offences Act – Living on Earnings of Prostitution


Section 15 of the Summary Offences Act 1998 (NSW) is the criminal offence of Living on Earnings of Prostitution and is stated below.

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The Legislation

15 Living on earnings of prostitution

(1) A person shall not knowingly live wholly or in part on the earnings of prostitution of another person. Maximum penalty: 10 penalty units or imprisonment for 12 months.

(2) For the purposes of subsection (1), a person who is of or above the age of 18 years and who:
(a) lives with or is habitually in the company of, a reputed prostitute, and
(b) has no visible lawful means of support,
shall be taken knowingly to live wholly or in part on the earnings of prostitution of another person unless he or she satisfies the court before which he or she is charged with an offence under that subsection that he or she has sufficient lawful means of support.

(3) A person does not contravene subsection (1) by living wholly or in part on earnings derived from a brothel if the person owns, manages or is employed in the brothel.

(4) For the purposes of subsection (3), premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

Section 11H Summary Offences Act – Intimidatory Use of Vehicles and Vessels


Section 11H of the Summary Offences Act 1998 (NSW) is the criminal offence of Intimidatory Use of Vehicles and Vessels and is stated below.

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The Legislation

11H Intimidatory use of vehicles and vessels

(1) A person must not operate a motorised vehicle or motorised vessel in a public place:
(a) in such a manner as to harass or intimidate another person, or
(b) in such a manner as would be likely to cause a person of reasonable firmness to fear for his or her personal safety.
Maximum penalty: 6 penalty units.

(2) No person of reasonable firmness need actually be, or be likely to be, present at the scene.

(3) A person is not liable to be convicted (in respect of the same act or omission) of both:
(a) an offence under this section, and
(b) an offence under section 4AA of the Traffic Act 1909 or section 43 of the Road Transport (Safety and Traffic Management) Act 1999.

(4) In this section:”vehicle” includes:
(a) anything on wheels, tracks or skis, other than a vehicle used on a railway, tramway or monorail, and
(b) anything else declared by the regulations to be a vehicle for the purposes of this section.
“vessel” includes:
(a) anything that is used, or is capable of being used, as a means of transportation on, under or immediately above water, and
(b) anything else declared by the regulations to be a vessel for the purposes of this section.

Section 11G Summary Offences Act – Loitering by Convicted Child Sex Offender


Section 11G of the Summary Offences Act 1998 (NSW) is the criminal offence of Loitering by Convicted Child Sex Offender and is stated below.

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The Legislation

11G Loitering by convicted child sexual offenders near premises frequented by children

(1) A person who is a convicted child sexual offender and who loiters, without reasonable excuse, in or near:
(a) a school, or
(b) a public place regularly frequented by children and in which children are present at the time of the loitering,
is guilty of an offence. Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.

(2) In this section:”child” means a person under the age of 16 years.”convicted child sexual offender” means a person who has been convicted, whether before or after the commencement of this section, of any of the following offences:
(a) an offence involving sexual activity or acts of indecency that was committed in New South Wales against or in respect of a child and that was punishable by penal servitude or imprisonment for 12 months or more,
(b) an offence under sections 91D-91G of the Crimes Act 1900 (other than if committed by a child prostitute),
(c) an offence under section 91H, 578B or 578C (2A) of the Crimes Act 1900,
(c1) an offence an element of which is an intention to commit an offence referred to in paragraph (a), (b) or (c),
(d) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraphs (a)-(c),
(e) an offence under a law of a place outside New South Wales that would, if it had been committed in New South Wales, be an offence referred to in paragraphs (a)-(d).
“conviction” includes a spent conviction.

(3) For the purposes of this section, section 579 of the Crimes Act 1900 does not apply to or in respect of an offence referred to in the definition of “convicted child sexual offender” in subsection (2).