Prostitution Reform Act 2003

Health and safety requirements

8 Operators of businesses of prostitution must adopt and promote safer sex practices

(1)

Every operator of a business of prostitution must—

(a)

take all reasonable steps to ensure that no commercial sexual services are provided by a sex worker unless a prophylactic sheath or other appropriate barrier is used if those services involve vaginal, anal, or oral penetration or another activity with a similar or greater risk of acquiring or transmitting sexually transmissible infections; and

(b)

take all reasonable steps to give health information (whether oral or written) to sex workers and clients; and

(c)

if the person operates a brothel, display health information prominently in that brothel; and

(d)

not state or imply that a medical examination of a sex worker means the sex worker is not infected, or likely to be infected, with a sexually transmissible infection; and

(e)

take all other reasonable steps to minimise the risk of sex workers or clients acquiring or transmitting sexually transmissible infections.

(2)

Every person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

The obligations in this section apply only in relation to commercial sexual services provided for the business and to sex workers and clients in connection with those services.

(4)

In this section, health information means information on safer sex practices and on services for the prevention and treatment of sexually transmissible infections.

Section 8(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).