An Act to make provision for the declaration of premises and the closure of premises on which certain illegal activities are suspected of being carried on; and for purposes connected therewith.
long title: Am 2002 No 131, Sch 1 [1].
Part 1 Preliminary
pt 1, hdg: Ins 1995 No 53, Sch 1 (1).
1 Name of Act
This Act may be cited as the Restricted Premises Act 1943.s 1: Am 2002 No 131, Sch 1 [2].
2 Definitions
In this Act unless the context or subject matter otherwise indicates or requires—appropriate Court, in relation to a declaration under Part 2, means the Court that made the declaration.area, in relation to a local council, means the area of the council within the meaning of the Local Government Act 1993.associate of a reputed criminal includes (without limitation) a person who has been given an official warning under section 93X of the Crimes Act 1900.brothel means premises—(a) habitually used for the purposes of prostitution, or(b) that have been used for the purposes of prostitution and are likely to be used again for that purpose, orPremises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.(c) that have been expressly or implicitly—(i) advertised (whether by advertisements in or on the premises, newspapers, directories or the internet or by other means), oras being used for the purposes of prostitution, and that are likely to be used for the purposes of prostitution.(ii) represented,explosive has the same meaning as in the Explosives Act 2003.Licensed premises has the meaning ascribed to it in the Liquor Act 2007.Liquor has the meaning ascribed to it in the Liquor Act 2007.local council means a council within the meaning of the Local Government Act 1993.Occupier of premises includes the lessee or sub-lessee who is not the owner as defined in this section.Owner of premises includes every person who is, whether by law or in equity—(a) entitled to the same for any estate of freehold in possession, orIn the case of premises sub-leased owner includes any lessee or sub-lessee from whom a sub-lessee holds.(b) in actual receipt of, or entitled to receive, or if the premises were let to a tenant, would be entitled to receive the rents and profits of the same.Premises includes any building and any part of any building but does not include licensed premises or the premises of any registered club.means the following—(a) the use of premises for the provision of sexual acts or sexual services in exchange for payment,(b) the use of premises for the provision of massage services (other than genuine remedial or therapeutic massage services) in exchange for payment,(c) the use of premises for the provision of adult entertainment involving nudity, indecent acts or sexual activity if the entertainment is provided in exchange for payment or if the entertainment is ancillary to the provision of other goods or services.reputed criminal includes (without limitation) a person who—(a) has been convicted of an indictable offence (including an offence under section 93X of the Crimes Act 1900), or(b) is engaged in an organised criminal activity within the meaning of section 46AA of the Law Enforcement (Powers and Responsibilities) Act 2002, or(c) is a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012.reputed criminal declaration—see section 3 (3).senior police officer means a police officer of or above the rank of sergeant.weapon means—(a) a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, or(b) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998.s 2: Am 1982 No 148, Sch 2; 1995 No 53, Sch 1 (2); 2002 No 131, Sch 1 [3]; 2007 No 29, Sch 2 [1] [2]; 2009 No 106, Sch 5.18; 2013 No 74, Sch 2 [1].
2A Notes
Notes included in this Act are explanatory notes and do not form part of this Act.s 2A: Ins 2001 No 125, Sch 1 [1].
Part 2 Disorderly houses
pt 2, hdg: Ins 1995 No 53, Sch 1 (3).
3 Declaration by Supreme Court or District Court in relation to premises
(1) On a senior police officer showing reasonable grounds for suspecting that all or any of the following conditions obtain with respect to any premises, that is to say—(a) that drunkenness or disorderly or indecent conduct or any entertainment of a demoralising character takes place on the premises, or has taken place and is likely to take place again on the premises, or(b) that liquor or a drug is unlawfully sold or supplied on or from the premises or has been so sold or supplied on or from the premises and is likely to be so sold again on or from the premises, or(c) that reputed criminals or associates of reputed criminals are to be found on or resort to the premises or have resorted and are likely to resort again to the premises, or(d) that any of the persons having control of or managing or taking part or assisting in the control or management of the premises—(i) is a reputed criminal or an associate of reputed criminals, or(ii) has been concerned in the control or management of other premises which have been the subject of a declaration under this Part, or(iii) is or has been concerned in the control or management of premises which are or have been frequented by persons of notoriously bad character or of premises on or from which liquor or a drug is or has been unlawfully sold or supplied,the Supreme Court or the District Court may declare such premises to be premises to which this Part applies.(e) (Repealed)(2) Such declaration shall be in force until rescinded.(3) The appropriate Court may, in declaring premises to be premises to which this Part applies, state that the reason (or the predominant reason) for the declaration is that—(a) reputed criminals have attended or are likely to attend the premises, or(b) a reputed criminal has, or takes part or assists in, the control or management of the premises.Any such declaration is a reputed criminal declaration for the purposes of this Act.s 3: Am 1968 No 32, sec 3 (1); 1986 No 218, Sch 9 (1); 1995 No 53, Sch 1 (4); 2002 No 131, Sch 1 [4]–[7]; 2013 No 74, Sch 2 [2].
4 Rescission of declaration
(1) Any such declaration may be rescinded by the appropriate Court subject to such terms as the Court thinks fit, on application being made to it—(a) by the owner or occupier of the premises the subject of the declaration, if the Court is satisfied the conditions referred to in section 3 (1) in respect of which the declaration was made—(i) have ceased for a continuous period of at least 12 months before the application is made, and(ii) are unlikely to reoccur at the premises, or(b) by a senior police officer on proof that there is no reasonable ground for suspecting that any of the conditions referred to in subsection (1) of section 3 obtain in relation to such premises.(1A) For the purposes of subsection (1) (a), the burden of establishing that the conditions have ceased and are unlikely to reoccur lies on the owner or occupier of the premises.(2) Where an application under this section is made by the owner or occupier of the premises notice in writing of intention to make the same shall be served on a senior police officer two days at least before the hearing of such application.(3) An owner or occupier may not make more than one application for the rescission of a declaration in respect of the same premises within any 12 month period.s 4: Am 1986 No 218, Sch 9 (2); 2002 No 131, Sch 1 [8] [9]; 2018 No 50, Sch 2 [1]–[3].
5 Publication of notice of declaration and rescission
(1) Notice of any such declaration or any rescission of the same shall be published in the Gazette.(2) In any proceedings under this Act the production of a copy of the Gazette containing such notice shall be evidence that the declaration or rescission therein notified was duly made.
6 Notice given of declaration
(1) A senior police officer is to cause notice of the making of a declaration under this Part to be served on the owner or occupier of the premises to which the declaration relates—(a) personally, or(b) if personal service cannot be effected promptly, by causing a copy of the notice to be fixed at or near to the entrance of the premises.(2) A person must not deface, destroy, cover or remove a copy of a notice fixed under this section at or near the entrance to premises unless the person is a police officer or the owner or occupier of the premises.Maximum penalty (subsection (2)): 20 penalty units.s 6: Subst 2002 No 131, Sch 1 [10].
7 (Repealed)
s 7: Rep 2002 No 131, Sch 1 [11].
8 Offence by owner of premises
(1) After the service of a notice under section 6 on the owner of premises of the making of a declaration, the owner is guilty of an offence if any of the conditions referred to in section 3 (1) apply to the premises while the declaration is in force.Maximum penalty—50 penalty units or imprisonment for 6 months, or both.(2) An owner of premises is not guilty of an offence under subsection (1) if the owner proves that he or she has taken all reasonable steps to prevent the conditions referred to in section 3 (1) applying to the premises.(2A) After the service of a notice under section 6 on the owner of premises of the making of a reputed criminal declaration, the owner is guilty of an offence if, while the declaration is in force, a reputed criminal—(a) attends the premises, or(b) has, or takes part or assists in, the control or management of the premises.Maximum penalty—150 penalty units or imprisonment for 3 years, or both.(2B) An owner of premises is not guilty of an offence under subsection (2A) if the owner proves that he or she has taken all reasonable steps to prevent a reputed criminal—(a) attending the premises, or(b) having, or taking part or assisting in, the control or management of the premises.(2C) A person is not liable to be convicted of an offence under both subsections (1) and (2A) in respect of essentially the same facts.(3) An owner of premises that are occupied by a person other than the owner is not guilty of an offence under this section if the owner proves that he or she has taken all reasonable steps to evict the occupier from the premises.s 8: Am 1993 No 47, Sch 1. Subst 2002 No 131, Sch 1 [12]. Am 2013 No 74, Sch 2 [3] [4]
9 Offence by occupier of premises
(1) After the service of a notice under section 6 on the occupier of premises of the making of a declaration, the occupier is guilty of an offence if any of the conditions referred to in section 3 (1) apply to the premises while the declaration is in force.Maximum penalty—50 penalty units or imprisonment for 6 months, or both.(2) An occupier of premises is not guilty of an offence under subsection (1) if the occupier proves that he or she has taken all reasonable steps to prevent the conditions referred to in section 3 (1) applying to the premises.(3) After the service of a notice under section 6 on the occupier of premises of the making of a reputed criminal declaration, the occupier is guilty of an offence if, while the declaration is in force, a reputed criminal—(a) attends the premises, or(b) has, or takes part or assists in, the control or management of the premises.Maximum penalty—150 penalty units or imprisonment for 3 years, or both.(4) An occupier of premises is not guilty of an offence under subsection (3) if the occupier proves that he or she has taken all reasonable steps to prevent a reputed criminal—(a) attending the premises, or(b) having, or taking part or assisting in, the control or management of the premises.(5) A person is not liable to be convicted of an offence under both subsections (1) and (3) in respect of essentially the same facts.s 9: Subst 2002 No 131, Sch 1 [13]. Am 2013 No 74, Sch 2 [3] [5].
10 Entry by police
(1) While any such declaration is in force with respect to any premises any member of the Police Force may, without warrant, do any of the following—(a) enter the said premises,(b) enter any land or building which the member has reasonable grounds to suspect is used as a means of access to or of exit or escape from the same,(c) pass through, from, over and along any other land or building for the purpose of entering in pursuance of paragraph (a) or paragraph (b),(d) for any of the purposes aforesaid break open doors, windows, and partitions, and do such other acts as may be necessary,(e) search such premises for, and seize, any liquor and any drug in such premises and any drinking glass, vessel, container or device in such premises which is used or is capable of being used for or in connection with the storage, supply or consumption of any liquor or drug or the user or taking of any drug,(f) search the premises for, and seize, any weapon or explosive,(g) exercise any of the powers conferred under this subsection with the aid of any assistants the member considers necessary.Note—A police officer is authorised to use a dog to carry out general drug detection at the premises under section 148 of the Law Enforcement (Powers and Responsibilities) Act 2002. Section 196 of that Act also authorises the use of dogs for general firearms or explosives detection.(2) If the occupier of premises is not present when a member of the Police Force enters the premises under this section, the member must notify the occupier of the premises as soon as practicable after the entry.(3) Failure to notify the occupier of the premises under subsection (2) does not make the exercise of power conferred on a member of the Police Force by this section unlawful.s 10: Am 1985 No 38, Sch 1; 2013 No 74, Sch 2 [6]; 2018 No 50, Sch 2 [4]; 2019 No 20, Sch 1.19[1] [2].
11 Obstructing police
Any person who wilfully obstructs or aids in obstructing or solicits any other person to obstruct or aid in obstructing a member of the Police Force in the exercise of any power conferred on the member by this Act shall be guilty of an offence against this Act and is liable to a penalty not exceeding 50 penalty units or imprisonment for 6 months, or both.s 11: Am 1993 No 47, Sch 1; 2002 No 131, Sch 1 [14].
12 Evidence of certain matters
Where any member of the Police Force authorised under this Act to enter any premises, land or building is wilfully prevented from or is obstructed or delayed in entering the same or any part thereof, or where any external or internal door of, or means of access to any such premises, land or building authorised to be entered, is found to be fitted or provided with any bolt, bar, chain or any means or contrivance for the purpose of preventing, delaying or obstructing the entry into the same or any part thereof, of any member of the Police Force authorised as aforesaid, or for giving an alarm in case of such entry, or if such premises are found to be fitted or provided with any means or contrivance for concealing, removing or destroying any liquor or drug or any such glass, vessel, container or device as is referred to in paragraph (e) of section 10 or any weapon or explosive, it shall be evidence until the contrary is made to appear that the conditions referred to in subsection (1) of section 3 obtain in relation to such premises.s 12: Am 2013 No 74, Sch 2 [7].
13 Suspected premises—issue of search warrant
(1) In this section—has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.(2) A member of the Police Force may apply to an authorised officer for a search warrant if the member of the Police Force has reasonable grounds for believing that any of the conditions referred to in section 3 (1) obtain, and are commonly reported to obtain, in respect of any premises.(3) An authorised officer to whom an application is made under subsection (2) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any member of the Police Force—(a) to enter the premises, and(b) to search the premises for, and to seize, any liquor or drug or any drinking glass, vessel, container or device referred to in section 10 (e) or any weapon or explosive.(4) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.s 13: Subst 1985 No 38, Sch 1. Am 1991 No 92, Sch 2; 2002 No 103, Sch 4.24 [1]–[3]; 2013 No 74, Sch 2 [8].
13AA Power for police to give directions
(1) A member of the Police Force executing a search warrant under section 13 may give reasonable directions to a person on the premises to which the warrant relates.(2) The direction must be reasonable in the circumstances for the purpose of minimising risk to the safety of any person on the premises.(3) The person must not, without reasonable excuse, fail or refuse to comply with the direction.Maximum penalty—50 penalty units or imprisonment for 12 months, or both.ss 13AA–13AC: Ins 2018 No 50, Sch 2 [5].
13AB Search of person pursuant to warrant
A member of the Police Force executing a search warrant under section 13 may search a person on the premises to which the warrant relates if the member of the Police Force reasonably suspects the person to be in possession of a thing mentioned in the warrant.ss 13AA–13AC: Ins 2018 No 50, Sch 2 [5].
13AC Power of police to demand name and address
(1) A member of the Police Force executing a search warrant under section 13 may require a person on the premises to which the warrant relates to state the person’s full name and residential address.(2) A member of the Police Force may ask a person who is required under this section to state the person’s full name and residential address to provide proof of the name and address.(3) It is not an offence under this section to fail to comply with a request under subsection (2).(4) A person who, without reasonable excuse, fails or refuses to comply with a requirement made of the person under subsection (1) is guilty of an offence.Maximum penalty—10 penalty units.(5) A person who gives any information in purported compliance with a requirement made of the person under subsection (1), knowing that it is false or misleading in a material respect, is guilty of an offence.Maximum penalty—10 penalty units.ss 13AA–13AC: Ins 2018 No 50, Sch 2 [5].
13A Forfeiture or disposal of seized articles
(1) Any article seized either before or after the commencement of the Disorderly Houses (Amendment) Act 1943 in any disorderly house by a member of the Police Force in pursuance of powers conferred on the member by section 10 shall be forfeited to the Crown.(2) Any person claiming to be the owner of any article seized by a member of the Police Force so authorised by a search warrant under section 13 may—(a) if such seizure was made before the commencement of the Disorderly Houses (Amendment) Act 1943, within twenty-one days after such commencement, ormake application to a Magistrate for the return to the person of such article.(b) if such seizure was made after such commencement, within twenty-one days of such seizure,Such Magistrate shall inquire into the matter and if it appears to the Magistrate that at the time of the seizure any of the conditions mentioned in section 3 obtained on the premises where the seizure was made, the Magistrate shall order the forfeiture of such article, to the Crown.If it appears to such Magistrate that at the time of the seizure any of the conditions mentioned in section 3 did not obtain on such premises, the Magistrate may order that the article so seized be handed over to the owner or occupier of such premises or to such other person as may appear to the Magistrate to be the rightful owner.(3) Any person who makes application to a Magistrate under subsection (2) shall, at least seven days prior to the hearing of such application, serve on a Superintendent or Inspector of Police a notice in writing of such application.(4) Where, in respect of any article seized by a member of the Police Force so authorised by a search warrant under section 13, no application is made under subsection (2) within the time prescribed by that subsection such article shall be forfeited to the Crown.(5) In this section—article means any liquor, drug, drinking glass, vessel, container or device or any weapon or explosive.s 13A: Ins 1943 No 39, sec 2. Am 1985 No 38, Sch 1; 1999 No 31, Sch 4.26; 2013 No 74, Sch 2 [9] [10].
14 Existing declarations and savings
(1) Any declaration of premises as a disorderly house made or purporting to have been made by a Stipendiary or Police Magistrate before the commencement of this Act under the Order Number Ten of the State of New South Wales made by the Premier of the said State and published in the Gazette of the tenth day of March one thousand nine hundred and forty-two shall, if such declaration has not before the commencement of this Act been rescinded by a Court of Petty Sessions in accordance with the provisions of the said Order Number Ten, be deemed to have the same force and effect as if it had been made under section 3 and this Act shall apply accordingly; and any act, matter or thing done or commenced or purporting to have been done or commenced in pursuance of the said Order Number Ten before the commencement of this Act shall be deemed to have been duly done or commenced—Provided that nothing in this subsection shall affect the operation of any judgment, order or conviction obtained or made before the commencement of this Act.(2) No claim shall be made and no action, suit or other proceeding shall be maintainable in any court against any person in respect of anything done or purporting to have been done under the said Order Number Ten before the commencement of this Act.(3) The Supreme Court is, on application by the owner or occupier of premises, to rescind a declaration under section 3 in respect of the premises (subject to such terms as the Court thinks fit) if—(a) the declaration was made before the commencement of the Disorderly Houses Amendment Act 1995, and(b) the Court is satisfied that the declaration could not be made now because of section 16.(4) An owner or occupier of premises who makes an application under subsection (3) must give notice in writing to a Superintendent or Inspector of Police of the intention to make the application at least 2 days before the hearing of the application.s 14: Am 1995 No 53, Sch 1 (5).
15 Rules of the Supreme Court
(1) Rules may be made under the Supreme Court Act 1970 for or with respect to any matters that by or under the provisions of this Part are required or permitted to be prescribed for carrying out or giving effect to those provisions.(2) Subsection (1) does not limit the rule-making powers conferred by the Supreme Court Act 1970.s 15: Subst 1986 No 218, Sch 9 (3). Am 1995 No 53, Sch 1 (6).
15A Rules of the District Court
(1) Rules may be made under the District Court Act 1973 for or with respect to any matters that by or under the provisions of this Part are required or permitted to be prescribed for carrying out or giving effect to those provisions.(2) Subsection (1) does not limit the rule-making powers conferred by the District Court Act 1973.s 15A: Ins 2002 No 131, Sch 1 [15].
Part 2A Special provisions relating to closure of premises
pt 2A (ss 15B–15D): Ins 2002 No 131, Sch 1 [16].
15B Definition
In this Part, prohibited drug has the same meaning as in the Drug Misuse and Trafficking Act 1985.pt 2A (ss 15B–15D): Ins 2002 No 131, Sch 1 [16].
15C Order by Magistrate for temporary closure of premises
(1) A Magistrate may, on application made by a senior police officer, order the owner or occupier of any premises to close the premises from a time specified in the order until a later specified time.(2) An order may only be made under subsection (1) if the senior police officer provides reasonable grounds for suspecting that the premises are being used by the owner or occupier (or with the knowledge of the owner or occupier) for a commercial purpose in order—(a) to supply prohibited drugs unlawfully to persons, or(b) to keep prohibited drugs to enable their unlawful supply to persons, or(c) to make arrangements for the unlawful supply of prohibited drugs to persons at another place.(3) An order must not require the closure of premises for a period longer than 72 hours.(4) An order may require the closure of premises until specified conditions are met but must not require closure for a period longer than 72 hours.(5) An order under this section must be served on the owner or occupier of the premises concerned or on the person apparently in charge of the premises.(6) A person must not fail to comply with an order under this section.Maximum penalty—50 penalty units or imprisonment for 6 months, or both.(7) Two or more orders closing the same premises may not be made under this section in any period of one week.pt 2A (ss 15B–15D): Ins 2002 No 131, Sch 1 [16].
15D Revocation of closure order
(1) The owner or occupier of premises the subject of an order under section 15C may apply to a Magistrate for the revocation of the order.(2) A Magistrate may revoke an order under section 15C if the Magistrate is satisfied that—(a) the premises concerned are not being used for a purpose referred to in section 15C (2), or(b) the applicant for revocation of the order has no knowledge that the premises are being used for a purpose referred to in section 15C (2).pt 2A (ss 15B–15D): Ins 2002 No 131, Sch 1 [16].
Part 3 Brothels
pt 3: Ins 1995 No 53, Sch 1 (7).
16 Disorderly house declaration not to be made solely on grounds that premises are a brothel
A declaration under section 3 may not be made in respect of premises solely because of either or both of the following—(a) the premises are a brothel,(b) a person having control of or managing, or taking part or assisting in the control or management of, the premises has been concerned in the control or management of other premises which have been declared to be a disorderly house under this Act solely because those other premises were a brothel.s 16: Ins 1995 No 53, Sch 1 (7).
17 Application to Land and Environment Court for premises not to be used as brothel
(1) The Land and Environment Court may, on application by a local council, make an order that an owner or occupier of premises that are a brothel and that are situated within the area of the council is not to use or allow the use of the premises for the purpose of a brothel.(1A) An order under subsection (1) may also provide that the owner or occupier of the premises is not to use or allow the use of the premises for specified related sex uses.(1B) The Land and Environment Court may, if it makes an order under subsection (1), also make an order suspending or varying the operation, for a period not exceeding 6 months, of any development consent relating to the use of the premises for the purpose of a brothel or the use of the premises for specified related sex uses.(1C) An order under subsection (1B) has effect despite any provision of the Environmental Planning and Assessment Act 1979 or any instrument made under that Act.(2) The local council must not make an application in relation to a brothel unless it is satisfied that it has received sufficient complaints about the brothel to warrant the making of the application.(2A) For the purposes of subsection (2), one complaint may be sufficient to warrant the making of an application in the case of a brothel used or likely to be used for the purposes of prostitution by 2 or more prostitutes.(3) The complaint or complaints must have been made by—(a) residents of the area in which the brothel is situated who live in the vicinity of the brothel, or(b) residents of the area in which the brothel is situated who use, or whose children use, facilities in the vicinity of the brothel, or(c) occupiers of premises that are situated in the area in which the brothel is situated and in the vicinity of the brothel, or(d) persons who work in the vicinity of the brothel or persons who regularly use, or whose children regularly use, facilities in the vicinity of the brothel.(4) The application must state the reasons why the local council is of the opinion that the operation of the brothel should cease based on one or more of the considerations referred to in subsection (5) (a), (b), (c), (d), (e) or (f).(5) In making an order under subsection (1) the Land and Environment Court is to take into consideration only the following—(a) whether the brothel is operating near or within view from a church, hospital, school or any place regularly frequented by children for recreational or cultural activities,(b) whether the operation of the brothel causes a disturbance in the neighbourhood when taking into account other brothels operating in the neighbourhood or other land use within the neighbourhood involving similar hours of operation and creating similar amounts of noise and vehicular and pedestrian traffic,(c) whether sufficient off-street parking has been provided if appropriate in the circumstances,(d) whether suitable access has been provided to the brothel,(e) whether the operation of the brothel causes a disturbance in the neighbourhood because of its size and the number of people working in it,(f) whether the operation of the brothel interferes with the amenity of the neighbourhood,(g) any other matter that the Land and Environment Court considers is relevant.(5A) In making an order under subsection (1B), the Land and Environment Court is to take into consideration only the following—(a) the likelihood that the premises will continue to be used for a brothel or will be used for related sex uses (whether or not by a person who is subject to the order under subsection (1)),(b) having regard to the kinds of matters considered before granting the order under subsection (1), the effect on the amenity of the neighbourhood of any such use or uses,(c) the permitted uses for the land on which the premises are situated under any applicable environmental planning instruments or approval under the Environmental Planning and Assessment Act 1979,(d) any other matter that the Land and Environment Court considers is relevant.(6) This section extends to premises within an area that is not a local government area, and in that case a reference to a local council is to be read—(a) in relation to Lord Howe Island—as a reference to the Lord Howe Island Board, and(b) in relation to such part of the land in the Western Division as is not in a local government area—as a reference to a person appointed under subsection (6A), and(c) in relation to any other area that is not a local government area—as a reference to the prescribed authority for the area.(6A) The Minister may appoint a person to exercise the functions of a local council for the purposes of this section for land within the Western Division that is not within a local government area.(6B) The Minister may revoke an appointment under subsection (6A) at any time or for any reason.(6C) A person appointed under subsection (6A) (except a person who is an employee of a government sector agency within the meaning of the Government Sector Employment Act 2013) is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine in respect of the person.(7) In this section—development consent has the same meaning as it has in Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979.local council includes a person or body that—(a) exercises planning or regulatory functions in respect of the area in which premises are situated, and(b) is authorised by the Minister administering the Environmental Planning and Assessment Act 1979 to exercise the functions of a local council under this section.Western Division means that part of the State that is the Western Division within the meaning of the Crown Land Management Act 2016.s 17: Ins 1995 No 53, Sch 1 (7). Am 2006 No 58, Sch 1.28; 2007 No 29, Sch 2 [3]–[9]; 2017 No 17, Sch 4.84 [1]–[3].
17A Evidence of use of premises as brothel
(1) This section applies to proceedings before the Land and Environment Court on an application under section 17 for premises not to be used as a brothel.(2) In any proceedings to which this section applies—(a) the Court may rely on circumstantial evidence to find that particular premises are used as a brothel, and(b) the Court may make such a finding without any direct evidence that the particular premises are used as a brothel.(3) However, the presence in any premises of articles or equipment that facilitate or encourage safe sex practices does not of itself constitute evidence of any kind that the premises are used as a brothel.Note—Examples of circumstantial evidence include (but are not limited to) the following—(a) evidence relating to persons entering and leaving the premises (including number, gender and frequency) that is consistent with the use of the premises for prostitution,(b) (Repealed)(c) evidence of appointments with persons at the premises for the purposes of prostitution that are made through the use of telephone numbers or other contact details that are publicly advertised,(d) evidence of information in books and accounts that is consistent with the use of the premises for prostitution,(e) evidence of the arrangement of, or other matters relating to, the premises or the furniture, equipment or articles in the premises, that is consistent with the use of the premises for prostitution.s 17A: Ins 2001 No 125, Sch 1 [2]. Am 2007 No 29, Sch 2 [10]–[12].
18 Rules of the Land and Environment Court
(1) Rules may be made under the Land and Environment Court Act 1979 for or with respect to any matters that by or under the provisions of this Part are required or permitted to be prescribed for carrying out or giving effect to those provisions.(2) Subsection (1) does not limit the rule-making powers conferred by the Land and Environment Court Act 1979.s 18: Ins 1995 No 53, Sch 1 (7).
Part 4 Miscellaneous
pt 4: Ins 1995 No 53, Sch 1 (7).
18A Proceedings for offences
(1) Proceedings for offences against this Act are to be dealt with summarily before the Local Court.(2) Despite subsection (1), an offence under section 8 (2A) or 9 (3) may be prosecuted on indictment. However, Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made by the prosecution to proceed on indictment) applies to and in respect of an offence under section 8 (2A) or 9 (3).s 18A: Ins 2002 No 131, Sch 1 [17]. Am 2007 No 94, Sch 2; 2013 No 74, Sch 2 [11].
19 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.s 19: Ins 1995 No 53, Sch 1 (7).
20 Objects of Disorderly Houses Amendment Act 1995
The enactment of the Disorderly Houses Amendment Act 1995 should not be taken to indicate that Parliament endorses or encourages the practice of prostitution, which often involves the exploitation and sexual abuse of vulnerable women in our society.s 20: Ins 1995 No 53, Sch 1 (7).
20A Monitoring of police powers and new offence provisions by Ombudsman
(1) For the period of 2 years after the commencement of the amendment made to section 10 of this Act by the Firearms and Criminal Groups Legislation Amendment Act 2013, the Ombudsman is to keep under scrutiny the exercise of powers conferred on police officers as a consequence of the amendments made to this Act by that amendment Act (the relevant police powers).(2) For that purpose, the Ombudsman may require the Commissioner of Police to provide information about the exercise of the relevant police powers.(3) In that period, the Ombudsman is to also monitor the operation of sections 8 (2A) and 9 (3) (the new offence provisions). For that purpose, the Commissioner of Police is to ensure that the Ombudsman is provided with information about any prosecutions brought under the new offence provisions.(4) The Ombudsman must, as soon as practicable after the end of that 2-year period, prepare a report on the exercise of the relevant police powers and on the operation of the new offence provisions and furnish a copy of the report to the Minister, the Attorney General and the Commissioner of Police.(5) The Ombudsman may in the report identify, and include recommendations for consideration by the Minister about, amendments that might appropriately be made to this Act with respect to the exercise of the relevant police powers and the new offence provisions.(6) The Minister is to lay (or cause to be laid) a copy of the report furnished to the Minister under this section before both Houses of Parliament as soon as practicable after the Minister receives the report.(7) If a House of Parliament is not sitting when the Minister seeks to lay a report before it, the Minister may present copies of the report to the Clerk of the House concerned.(8) The report that is presented to the Clerk of a House—(a) is, on presentation and for all purposes, taken to have been laid before the House, and(b) may be printed by authority of the Clerk of the House, and(c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and(d) is to be recorded—(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, andon the first sitting day of the House after receipt of the report by the Clerk.(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,s 20A: Ins 2013 No 74, Sch 2 [12].
21 Savings, transitional and other provisions
Schedule 1 has effect.s 21: Ins 2002 No 131, Sch 1 [18].
Schedule 1 Savings, transitional and other provisions
(Section 21)
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—this Actany other Act that amends this Act(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
2 Existing declarations
A declaration under this Act of premises as a disorderly house in force at the commencement of this clause is taken to be a declaration under Part 2 of the premises as premises to which that Part applies.
sch 1: Ins 2002 No 131, Sch 1 [19]. Am 2007 No 29, Sch 2 [13]; 2013 No 74, Sch 2 [13].