s. s. 22 23 under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence against that subsection. (3) A person must not assist in the carrying on of a S. 22(3) amended by sex work service providing business at a time Nos 48/1997 when he or she knows that subsection (1) is being s. 70(9), 44/1999 contravened or is reckless as to whether or not s. 7(3), 1/2010 s. 42(2)(Sch. subsection (1) is being contravened. item 38) (as amended by Level 6 imprisonment (5 years No. 63/2010 maximum) or a level 6 fine s. 27). (600 penalty units maximum) or both. (4) An offence against subsection (1) or (3) is an indictable offence. S. 22(5) (5) In a proceeding for an offence against amended by subsection (1), (1A) or (3) evidence of the Nos 44/1999 presence on premises of materials commonly used s. 8(4), 1/2010 s. 42(2)(Sch. in safe sexual practices is inadmissible for the item 38) (as purpose of establishing that a sex work service amended by No. 63/2010 provider carried on business on those premises. s. 27). 23 Special provisions for small owner-operated businesses (1) Subject to this section, the following are exempt from the requirement to hold a licence— S. 23(1)(a) (a) a person carrying on a business as a sex work substituted by service provider— No. 99/1995 s. 28(1), (i) of a kind referred to in the definition of amended by No. 1/2010 in section 3 at premises in brothel s. 42(2)(Sch. accordance with a permit granted under item 39(a)(b)) (as amended the Planning and Environment Act by 1987; or No. 63/2010 s. 27). (ii) of a kind referred to in the definition of in section 3; or escort agency (iii) of a kind referred to in both subparagraphs (i) and (ii)—
under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence against that subsection. S. 22(3) amended by Nos 48/1997 s. 70(9), 44/1999 s. 7(3), 1/2010 s. 42(2)(Sch. item 38) (as amended by No. 63/2010 s. 27). (3) A person must not assist in the carrying on of a sex work service providing business at a time when he or she knows that subsection (1) is being contravened or is reckless as to whether or not subsection (1) is being contravened. s. 22 Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both. (4) An offence against subsection (1) or (3) is an indictable offence. S. 22(5) amended by Nos 44/1999 s. 8(4), 1/2010 s. 42(2)(Sch. item 38) (as amended by No. 63/2010 s. 27). (5) In a proceeding for an offence against subsection (1), (1A) or (3) evidence of the presence on premises of materials commonly used in safe sexual practices is inadmissible for the purpose of establishing that a sex work service provider carried on business on those premises. 23 Special provisions for small owner-operated businesses s. 23 (1) Subject to this section, the following are exempt from the requirement to hold a licence— S. 23(1)(a) substituted by No. 99/1995 s. 28(1), amended by No. 1/2010 s. 42(2)(Sch. item 39(a)(b)) (as amended by No. 63/2010 s. 27). (a) a person carrying on a business as a sex work service provider— (i) of a kind referred to in the definition of brothel in section 3 at premises in accordance with a permit granted under the Planning and Environment Act 1987; or (ii) of a kind referred to in the definition of escort agency in section 3; or (iii) of a kind referred to in both subparagraphs (i) and (ii)—
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