s. 10 10 Living on earnings of sex worker S. 10 (Heading) inserted by No. 1/2010 s. 42(2)(Sch. item 16) (as amended by No. 63/2010 s. 27). (1) A person must not knowingly live wholly or in S. 10(1) amended by part on, or derive a material benefit from, the Nos 48/1997 s. 70(6), earnings of sex work. 1/2010 s. 42(2)(Sch. Level 6 imprisonment (5 years item 17) (as maximum). amended by No. 63/2010 s. 27). (2) An offence against subsection (1) is an indictable offence. S. 10(3) (3) A person is not guilty of an offence against amended by subsection (1) only because of deriving income as No. 1/2010 s. 42(2)(Sch. a sex work service provider if— item 17) (as amended by (a) there has been granted, and is in force, any No. 63/2010 licence required under Part 3 to authorise the s. 27). person who is carrying on the business to carry on that business; and (b) there has been granted, and is in force, any permit required under the Planning and Environment Act 1987 for the use or development of the land for the purposes of the business. S. 10(4) (4) In a proceeding for an offence against subsection amended by (1) it is a defence to the charge for the accused to No. 1/2010 s. 42(2)(Sch. prove that he or she did not hold a relevant item 17) (as position (whether in his or her own right or on amended by behalf of any other person) in the sex work service No. 63/2010 s. 27). providing business or exercise a significant influence over or with respect to the management or operation of that business.
S. 10 (Heading) inserted by No. 1/2010 s. 42(2)(Sch. item 16) (as amended by No. 63/2010 s. 27). 10 Living on earnings of sex worker s. 10 S. 10(1) amended by Nos 48/1997 s. 70(6), 1/2010 s. 42(2)(Sch. item 17) (as amended by No. 63/2010 s. 27). (1) A person must not knowingly live wholly or in part on, or derive a material benefit from, the earnings of sex work. Level 6 imprisonment (5 years maximum). (2) An offence against subsection (1) is an indictable offence. S. 10(3) amended by No. 1/2010 s. 42(2)(Sch. item 17) (as amended by No. 63/2010 s. 27). (3) A person is not guilty of an offence against subsection (1) only because of deriving income as a sex work service provider if— (a) there has been granted, and is in force, any licence required under Part 3 to authorise the person who is carrying on the business to carry on that business; and (b) there has been granted, and is in force, any permit required under the Planning and Environment Act 1987 for the use or development of the land for the purposes of the business. S. 10(4) amended by No. 1/2010 s. 42(2)(Sch. item 17) (as amended by No. 63/2010 s. 27). (4) In a proceeding for an offence against subsection (1) it is a defence to the charge for the accused to prove that he or she did not hold a relevant position (whether in his or her own right or on behalf of any other person) in the sex work service providing business or exercise a significant influence over or with respect to the management or operation of that business.
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