(4) An offence against subsection (1) or (3) is an indictable offence. (5) In a proceeding for an offence against S. 22(5) 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— (a) a person carrying on a business as a sex work S. 23(1)(a) substituted by service provider— No. 99/1995 s. 28(1), (i) of a kind referred to in the definition amended by No. 1/2010 of in section 3 at premises in brothel s. 42(2)(Sch. accordance with a permit granted item 39(a)(b)) (as amended under the Planning and Environment by Act 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)— if only that person works as a sex worker in that business or only that person and one other particular person so work; (b) two persons who either jointly or separately S. 23(1)(b) substituted by carry on such a business if only those No. 99/1995 persons work as sex workers in that business. s. 28(1), amended by No. 1/2010 s. 42(2)(Sch. item 39(c)) (as amended by No. 63/2010 s. 27).
(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 (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)— if only that person works as a sex worker in that business or only that person and one other particular person so work; S. 23(1)(b) substituted by No. 99/1995 s. 28(1), amended by No. 1/2010 s. 42(2)(Sch. item 39(c)) (as amended by No. 63/2010 s. 27). (b) two persons who either jointly or separately carry on such a business if only those persons work as sex workers in that business.
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