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LEGAL PROSTITUTION IN QUEENSLAND

LEGAL PROSTITUTION IN QUEENSLAND

Published on 27.08.2015 by Peter Russo

Douglas Wilson BA LL.B (Hons)
Barrister at Law

This information sheet addresses legal prostitution in Queensland generally and what advertising can be undertaken by prostitutes practising as sole practitioners in Queensland.

Prostitution generally

Whilst engaging in prostitution is not in itself unlawful[1] the practice of prostitution is regulated quite strictly.   There are two forms of legal prostitution in Queensland; that which is carried out at licensed brothels and that carried out by sole practitioners privately from their residences or their clients’ residence.  All other forms of prostitution are illegal, including unlicensed brothels, street workers, two or more sex workers sharing one premises and house calls provided by a licensed brothel.

Prostitution is governed principally by two Acts in Queensland, the Prostitution Act 1999 (Qld) and the Criminal Code Act 1899 (Qld); both of which create a number of different offences relating to the act and business of prostitution.  Succinctly, a person can engage in prostitution, as a sole practitioner, as long as the following criteria are met:-

  • The person does not procure another person to engage in prostitution.[2]
  • The person does not publicly solicit for prostitution.[3]
  • The person practices alone and does not participate in the provision of prostitution of prostitution by another person.[4] (s 229H Criminal Code)
  • The person practices prostitution at premises by themselves, ie. not with any other person who is also practising as a prostitute.[5]
  • They always use a prophylactic for sexual intercourse and oral sex.[6]
  • They do not offer to provide prostitution without a prophylactic being used.[7]
  • They do not interfere with a prophylactic or use a damaged prophylactic.[8]
  • They ensure that the prostitution activity does not cause unreasonable annoyance or disruption to the privacy of another person.[9]
  • They do not, directly or indirectly, cause or threaten wilful injury or damage, intimidate or harass or make a false representation to make another person continue to provide prostitution.[10]
  • They do not publish an advertisement that describes the services offered nor publish an advertisement that is not in the approved form or on radio or television.[11]
  • They do not advertise prostitution as massage services.[12]

The relevant offence sections are reproduced in full in Appendix A to this advice.

Advertising

The Prostitution Act creates offences for certain types of advertising.  Principally a prostitute may advertise but that advertisement must be in the approved form and not published through radio or television or by film or video recording.  An approved form is defined in the Prostitution Act by section 93(4) as meaning:

a) If the Authority has, for a particular advertisement, consented to a form—that form; or
b) If guidelines under section 139A or a regulation provides for the form of an advertisement, including matters that may or may not be included in an advertisement—a form that complies with the guidelines or regulation; or

c) Otherwise the approved form under section 139(2).

Section 139 grants the Commissioner of Police the ability to approve forms for use under this Act and secondly grants the Authority, that being the Prostitution Licensing Authority, ability to approve a form for section 93(2).

Prior to 30 May 2008 the Prostitution Licensing Authority considered and approved every prostitution advertisement in Queensland.  Since that date the Prostitution Licensing Authority has developed guidelines that apply both to advertisers of prostitution services and publishers that publish prostitution services.  Therefore any person wishing to place or publish an advertisement for prostitution must self-assess the proposed advertisement against the guidelines and determine whether it is in the approved form.

Section 13A of the Prostitution Regulation 2000 (Qld) governs what an approved form is for the advertisement of prostitution.  This section of the Regulation specifically refers to matters that are included in advertisement for prostitution for section 93(4) of the Act.  Section 13A(2) provides:

13A Approved form for advertisement for prostitution

1)    The purpose of this section is to provide for matters to be included in an advertisement for prostitution for section 93(4) of the Act, definition approved form, paragraph (b).

2)    An advertisement for prostitution must comply with the following –

a)    the total surface area of the advertisement, other than an advertisement on the internet or an advertisement inside premises used for prostitution that cannot be viewed or heard by a person outside the premises, must be the permitted size or smaller;

b)    if the advertisement is an advertisement for a licensed brothel, the advertisement must state the business name of the licensed brothel;

c)    the advertisement must not –

i.    contain a photograph or image of –

a.    the sexual organs or anus of a person; or
b.    a sexual act or a simulated sexual act; or
c.    a child; or
d.    an animal; or

ii.    if the advertisement is an advertisement for a licensed brothel—contain a telephone number that has not been notified to the Authority; or

iii.    if the advertisement is an advertisement for an individual prostitute – imply that more than 1 prostitute may be available; or

iv.    advertise any other thing without the written consent of the advertiser of the thing; or

v.    if the advertisement is an advertisement on the internet – permit access to, or link the advertisement with, any other website other than the website of the Authority, the Queensland Adult Business Association, the yellow pages or a website that is also an advertisement for prostitution;

vi.    the advertisement must not be a sticker.

3)    In this section –

oral sex means the bringing into contact of any part of the sexual organs or anus of a person with any part of the mouth of another person.

permitted size, of an advertisement, means the following –
a)    for a business card – 90mm in length and 55mm in width;
b)    for an advertisement in the yellow pages—253mm in length and 215mm in width;
c)    otherwise – 54cm².

sexual act means sexual intercourse, masturbation or oral sex.

sexual organs means the following –

a)    for a female—the vagina and the mons veneris;
b)    for a male—the penis, scrotum, testicles and mons pubis.”

The Prostitution Licensing Authority has published guidelines about the approved forms for advertisements for prostitution on their website.  A copy of those guidelines is contained in Appendix B to this advice.  They are very extensive and sex workers who intend to advertise must ensure strict compliance with these guidelines if they wish to avoid being prosecuted.

The Prostitution Licensing Authority states in their guidelines at paragraph 10 that in deciding whether a word or phrase should be employed in an advertisement, the rule of thumb is to consider what the word or phrase could be construed as being offensive to reasonable community standards.  This is a very sensible way to approach the self-regulating aspect of advertising for prostitution services in Queensland and one that should be applied at all times.

These guidelines are quite detailed and it may be appropriate for law firms to formally draft and settle advertisements for prostitution services to ensure that their clients do not fall foul of these advertising requirements.

APPENDIX A
Criminal Code:

“229E Meaning of prostitution

1)    A person engages in prostitution if the person engages, or offers to engage, in the provision to another person, under an arrangement of a commercial character, of any of the following activities –
a)    sexual intercourse;
b)    masturbation;
c)    oral sex;
d)    any activity, other than sexual intercourse, masturbation or oral sex, that involves the use of 1 person by another for his or her sexual satisfaction involving physical contact.

2)    However, a person does not engage in prostitution if –
a)    the activity is an activity mentioned in subsection (1)(d); and
b)    the person is providing adult entertainment under an adult entertainment permit and is an adult and is not a person with an impairment of the mind; and
c)    the activity is authorised under the permit.

3)    Subsection (1) applies equally to males and females.

4)    It does not matter, in relation to an arrangement for the provision of an activity mentioned in subsection (1)(a), (b), (c) or (d), whether –

a)    the arrangement is initiated with the person engaging in the provision of the activity or a third person; or
b)    the pecuniary or other reward under the arrangement is to be received by the person engaging in the provision of the activity or a third person.

5)    In this section –

oral sex means the bringing into contact of any part of the genitalia or anus of a person with any part of the mouth of another person.

229H Knowingly participating in provision of prostitution

1)    A person who knowingly participates, directly or indirectly, in the provision of prostitution by another person commits a crime.

Maximum penalty—

a)    for a first offence—imprisonment for 3 years; or
b)    for a second offence—imprisonment for 5 years; or
c)    for a third or subsequent offence—imprisonment for 7 years.

2)    However, if a person who is not an adult or is a person with an impairment of the mind is, to the offender’s knowledge, engaged in the provision of the prostitution, the offender is liable to a maximum penalty of 14 years imprisonment.

3)    Subsection (1) does not apply to a person (the participant) who knowingly participates, directly or indirectly, in the provision of prostitution by another person if –

a)    the provision of the prostitution by the other person happens at a licensed brothel in accordance with the brothel licence for the brothel; and
b)    the other person is an adult and is not a person with an impairment of the mind.

4)    Also, subsection (1) does not apply to a person (also the participant) who knowingly participates, directly or indirectly, in the provision of prostitution by another person if –

a)    the activity constituting the prostitution is an activity mentioned in section 229E(1)(d); and

b)    the person engaging in the activity is providing adult entertainment under an adult entertainment permit and is an adult and is not a person with an impairment of the mind; and

c)    the activity is authorised under the permit.

5)    Also, subsection (1) does not apply to a person (also the participant) who knowingly participates, directly or indirectly, in the provision of prostitution by another person if –

a)    the provision of the prostitution by the other person does not take place at a licensed brothel, and is not otherwise unlawful under this chapter; and ‘
b)    the participant—

i.    is the holder of a current licence issued under the Security Providers Act 1993 for carrying out the functions of a bodyguard under that Act; and
ii.    participates in the provision of the prostitution no more than the extent necessary for providing services as a bodyguard; and

c)    the other person is an adult and is not a person with an impairment of the mind.

229I Persons found in places reasonably suspected of being used for prostitution etc.

1)    A person who, without reasonable excuse, is found in, or leaving after having been in, a place suspected on reasonable grounds of being used for the purposes of prostitution by 2 or more prostitutes commits a crime.

Maximum penalty –

a)    for a first offence—imprisonment for 3 years; or
b)    for a second offence—imprisonment for 5 years; or
c)    for a third or subsequent offence—imprisonment for 7 years.

2)    However, if a person who is not an adult or is a person with an impairment of the mind is, to the offender’s knowledge, in the place at the time of the offence, the offender is liable to a maximum penalty of 14 years imprisonment.

3)    In sentencing an offender who is a prostitute or client, the court may, in mitigation of sentence, have regard to evidence of an appropriate sexual health check undergone by the offender within 3 months before the offence.

4)    Subsection (1) does not apply to a person (the relevant person) if the place is a licensed brothel, unless  –

a)    if the relevant person, without reasonable excuse, is found in the place—a person who is not an adult or who is a person with an impairment of the mind is, to the relevant person’s knowledge, also in the place; or

b)    the relevant person, without reasonable excuse, is found leaving after having been in the place—a person who is not an adult or who is a person with an impairment of the mind was, to the relevant person’s knowledge, also in the place when the relevant person was in the place.

229K Having an interest in premises used for prostitution etc.

1)    In this section –

interested person, in relation to premises, means a person who –

a)    owns, leases, rents or otherwise has an interest in premises; or
b)    is entitled to occupy or use premises; or
c)    controls an entity that –

i.    owns, leases, rents or otherwise has an interest in premises; or
ii.    is entitled to occupy or use premises.

2)    A person who –

a)    an interested person in relation to premises; and
b)    knowingly allows the premises to be used for the purposes of prostitution by 2 or more prostitutes;

commits a crime.

Maximum penalty –

a)    for a first offence—imprisonment for 3 years; or
b)    for a second offence—imprisonment for 5 years; or
c)    for a third or subsequent offence—imprisonment for 7 years.

3)    However, if a person who is not an adult or is a person with an impairment of the mind is, to the offender’s knowledge, in the premises at a time of the offence, the offender is liable to a maximum penalty of 14 years imprisonment.

3A)    Subsection (2) does not apply to an interested person in relation to a licensed brothel.

3B)    However, subsection (3A) does not apply if, to the interested person’s knowledge, a person who was not an adult or who was a person with an impairment of the mind was in the premises when the interested person was allowing the person to be using the premises for prostitution.

4)    A person allows premises to be used for the purposes of prostitution if the person –

a)    knowingly permits the premises to be used for the purposes of prostitution; or
b)    knowing that the premises are being used for the purposes of prostitution, fails to take every reasonable step to stop that use.

5)    A police officer may serve on a person who is an interested person in relation to premises a written warning to the effect that the premises are being used for the purposes of prostitution by 2 or more prostitutes.

6)    In a prosecution against the interested person mentioned in subsection (5), or another person aware of the warning, for an offence against subsection (2), evidence of the warning and its contents are admissible against the defendant.

7)    If a person who is an interested person in relation to premises –

a)    is served with a warning under subsection (5) in relation to the premises; or
b)    otherwise has reasonable grounds to suspect that the premises are being used for the purposes of prostitution by 2 or more prostitutes;

the person may, by writing served on an occupier or user of the premises, require the occupier or user to leave the premises not later than 7 days after the service of the notice and not return.

8)    A person who, without reasonable excuse, contravenes a requirement made of the person under subsection (7) commits a crime.

Example of reasonable excuse –

If the premises concerned were not used for the purposes of prostitution by 2 or more prostitutes, the person has a reasonable excuse for failing to comply with the requirement.

Maximum penalty—imprisonment for 7 years.”

Prostitution Act

73 Public soliciting for purposes of prostitution

1)    A person must not publicly solicit for prostitution.

Maximum penalty –

a)    for a first offence—15 penalty units; or
b)    for a second offence—25 penalty units; or
c)    for a third or subsequent offence—30 penalty units or 6 months imprisonment.

2)    A person publicly solicits for prostitution if, for that purpose, the person –

a)    solicits a person who is in a public place; or
b)    solicits a person at a place within the view or hearing of a person who is in a public place; or
c)    loiters in or near a public place; or
d)    loiters in a place that can be viewed from a public place.

3)    Subsection (1) applies equally to –

a)    males and females; and
b)    prostitutes and their clients; and
c)    persons acting for prostitutes; and
d)    persons acting for clients of prostitutes.

4)    In this section –

solicit includes the following –

a)    offer to provide prostitution;
b)    accept an offer to provide prostitution.

76 Nuisances connected with prostitution

1)    This section applies to conduct –

a)    that happens in the vicinity of a place that is reasonably suspected of being used for prostitution; and
b)    that, to a significant extent, is caused by the presence, or suspected presence, of prostitution at the place.

2)    A person must not –

a)    cause unreasonable annoyance to another person; or
b)    cause unreasonable disruption to the privacy of another person.

Maximum penalty for subsection (2) –

a)    for a first or second offence—15 penalty units; or
b)    for a third or subsequent offence—25 penalty units.

77A Prostitute providing sexual intercourse or oral sex without a prophylactic

1)    A prostitute must not provide prostitution involving sexual intercourse or oral sex unless a prophylactic is used.

Maximum penalty—100 penalty units.

2)    A prostitute must not offer to provide prostitution involving sexual intercourse or oral sex without a prophylactic being used.

Maximum penalty—100 penalty units.

3)    A person must not –

a)    ask a prostitute to provide prostitution involving sexual intercourse or oral sex without a prophylactic being used; or
b)    accept an offer from a prostitute to provide prostitution involving sexual intercourse or oral sex without a prophylactic being used; or
c)    obtain prostitution involving sexual intercourse or oral sex unless a prophylactic is used.

Maximum penalty—100 penalty units.

4)    A person obtaining prostitution involving sexual intercourse or oral sex must not –

a)    interfere with the efficacy of a prophylactic used by the person; or
b)    use, or continue to use, a prophylactic that the person knows, or could reasonably be expected to know, is damaged.

Maximum penalty—100 penalty units.

5)    A person who is a licensee or an approved manager of a licensed brothel must, for any period the licensed brothel is being used to provide prostitution, take reasonable steps to ensure that –

a)    a person does not provide or obtain prostitution involving sexual intercourse or oral sex at the licensed brothel unless a prophylactic is used; or
b)    a person does not offer to provide, or ask a prostitute to provide, prostitution involving sexual intercourse or oral sex at the licensed brothel without a prophylactic being used.

Maximum penalty—120 penalty units.

6)    A person who is a licensee or an approved manager of a licensed brothel must not discourage the use of prophylactics at the brothel.

Maximum penalty—120 penalty units.

7)    In this section –
interfere with includes the following –

a)    misuse;
b)    damage.

oral sex has the meaning given by the Criminal Code, section 229E(5).

prophylactic means a condom or other device that is adequate to prevent the transmission of a sexually transmissible disease.

sexual intercourse has the meaning given by the Criminal Code, section 229D.

93 Advertising prostitution

1)    A person must not publish an advertisement for prostitution that describes the services offered.
Maximum penalty—70 penalty units.

2)    A person must not publish an advertisement for prostitution that is not in the approved form.

Maximum penalty—70 penalty units.

3)    A person must not publish any advertisement for prostitution through radio or television or by film or video recording.

Maximum penalty—70 penalty units.

4)    In subsection (2) –
approved form means—
a)    if the Authority has, for a particular advertisement, consented to a form—that form; or
b)    if guidelines under section 139A or a regulation provides for the form of an advertisement, including matters that may or may not be included in an advertisement—a form that complies with the guidelines or regulation; or
c)    otherwise—the approved form under section 139(2).

95 Advertising prostitution as massage services

1)    A person providing prostitution must not hold out or publish an advertisement that states, directly or indirectly, that the person’s business provides or is connected with massage services.

Maximum penalty—40 penalty units.

2)    In this section—
business of a person means the business of a licensed brothel or of an individual prostitute.”

APPENDIX B

Guidelines about the Approved Form for Advertisements for Prostitution
Section 139A, Prostitution Act 1999

1.    INTRODUCTION

1.1    The Prostitution Act 1999 (the Act) provides for prostitution advertising. It is an offence to publish an advertisement for prostitution if it is not in the approved form. Section 93(4) of the Act refers to the approved form. Generally, an approved form of advertising is a form approved by the PLA specifically, a form provided for under guidelines issued by the PLA, or an advertisement that complies with a regulation. Section 13A of the Prostitution Regulation 2000 prescribes the matters that may and may NOT be included in an advertisement for prostitution.

1.2    These guidelines include the matters dealt with under s. 13A of the Prostitution Regulation and may be used by any person who wishes to place an advertisement for publication as well as print publishers and website developers.

1.3    These guidelines are intended to provide a clear, simple and concise explanation of what constitutes an approved form of advertising (and conversely, what does not). The guidelines utilise explicit and forthright language, which is necessary for them to be of practical use to the sex industry and publishers. The guidelines are intended for a discrete and defined audience, and are not intended for dissemination amongst the general public.

1.4    These guidelines replace the PLA’s Advertising Policy for Licensed Brothels and the Advertising Policy for Sole Operators, including the list of approved words.

1.5    The PLA is no longer required to consider every prostitution advertisement. Anyone wishing to place or publish an advertisement must self-assess the proposed advertisement against the guidelines and thereby determine whether the advertisement is in the approved form. A limited number of advertisements may still need to be submitted to the PLA for approval. These advertisements are specified throughout the guidelines.

1.6    Henceforth, all advertisements are to be self-assessed, unless these guidelines specifically require an advertisement to be submitted for approval of the PLA. The role of the PLA will be to provide advice on the application of these guidelines. Under no circumstances will the PLA accept advertisements for approval, unless approval by the PLA is expressly required under the guidelines.

1.7    Changes to advertisements approved by the PLA prior to the commencement of these guidelines do not need to be resubmitted to the PLA if a change is made to the approved advertisement and the change is in the approved form under these guidelines. For example, if a change of operating hours is made or a new photo or graphic is used, the change must be assessed against the guidelines and if the change falls within these guidelines, the advertisement may be considered to be in the approved form.

1.8    The guidelines may be replaced or varied by a later guideline issued under section 139A of the Act.

1.9    The guidelines will commence operation on 30 May 2008.

2.    LEGISLATIVE FRAMEWORK
Prostitution Act 1999

S139A. The PLA may issue guidelines about the approved form for advertisements for prostitution.
S93(2) A person must not publish an advertisement for prostitution that is not in the approved form.
S93(4) Approved form means:
a)    if the Authority has, for a particular advertisement, consented to a form – that form; or
b)    if guidelines under s139A or a regulation provides for the form of an advertisement, including matters that may or may not be included in an advertisement – a form that complies with the guidelines or regulation; or
c)    otherwise the approved form under s139 (2)
S93(1) A person must not publish an advertisement for prostitution that describes the services offered.
S93(3) A person must not publish any advertisement for prostitution through radio or television or by film or video recording.
S94 A person must not publish a statement intended or likely to induce a person to seek employment as a prostitute.
S95(1) A person providing prostitution must not hold out or publish an advertisement that states, directly or indirectly, that the person’s business provides or is connected with massage services.

Business of a person means the business of a licensed brothel or of an individual prostitute.
The maximum penalty for advertising offences is 100 penalty units. The value of a penalty unit is set out in s. 5 of the Penalties and Sentences Act 1992.

3.    SCOPE

3.1     An advertisement includes: a notice, a sign, a circular, or a matter that is not in writing but which conveys a message because of the form or context in which it appears.
Note: This includes posters, stubby holders, cups/mugs, clothing, pamphlets and other similar things.

3.2    “Publish” an advertisement or statement means publish, or cause to be published, in any way including by newspaper, internet, periodical, notice, sign or circular or through radio or television or by film or video-recording.
Note: Publish also includes text messaging generated by a server or similar, for the purposes of advertising prostitution services.

3.3    Advertising signage for prostitution services is prohibited unless it is – a) located on brothel premises or b) located in 18+ venues with the permission of the relevant venue or c) provided for under these guidelines.

3.4Advertising signage intended for the brothel premises is regulated by the IDAS Code for Development Applications and/or relevant local laws. Refer to your Local Government Town Planning Department. Content of signage must comply with these guidelines.
3.5     Automated and unsolicited short messaging services (SMS) which convey information to a person are considered advertising for the purposes of the Act.

3.6        All advertisements for prostitution published in Queensland must comply with these guidelines. This includes prostitution advertisements for interstate brothels and sex workers.

3.7 Where advertisements for interstate brothels and sex workers are published in Queensland, they must not include matters which are illegal in Queensland.

3.8 The PLA has the right to consider any published prostitution advertisement and set-aside any previous approval or consent given by the PLA.

3.9 The word “brothel” in these guidelines refers to a licensed brothel in Queensland, or a lawful interstate brothel.

3.10 Approved form includes the size and content (photos, drawings, and wording) of the advertisement. Content will be determined based on where the advertisement is to be published. For example, an advertisement for an adult only publication may not be appropriate for general print publication.

3.11 Publishers must ensure that prostitution advertisements comply with these guidelines.

4.    PROHIBITED ADVERTISING

4.1    Advertising that is not in the approved form is prohibited.

Medium
4.2 Advertisements for prostitution published through radio or television or by film or video recording are not permitted.
Note: Digital recordings may only appear on a prostitution website (as defined in 9.2 of the guidelines).

4.3 Promotional signage on motor vehicles or other forms of transport are not permitted. Example: buses, taxis, trailers, limousines, etc.

4.4 Stickers are not permitted.

4.5 Advertising by bill board/A-frame/sandwich board and the like, is not permitted.

4.6 Advertising by sky writing is not permitted.

4.7 Advertising for brothels appearing in a print directory, such as the Yellow™ print directory, must not appear in a section exclusively used to advertise escort services.

Cross Promotion
4.8 Sponsorship of any sporting or corporate event, club, public event, exhibition or other event is not permitted.

4.9 Website links appearing on an internet prostitution advertisement are not permitted unless the link is a website link to the PLA, the Queensland Adult Business Association, an online directory, an advertisement for legal prostitution, another licensed brothel, a Government funded industry support agency or a lawful business provided permission has been given by the lawful business.
Note: Website links other than those specified in 4.9 may be allowed provided they have approval from the PLA.

4.10 Trade promotion or any other type of art union advertisements offering sexual services as a prize, are prohibited.

4.11 Prostitution advertisements which include the advertisement of another thing are prohibited unless the person responsible for the thing has consented to inclusion in the advertisement.
For example: a prostitution advertisement which includes the offer of a discount voucher for a shop must have the written consent of a person who is responsible for the shop.

Size
4.12 Business cards larger than 90mm in length and 55mm in width are not permitted.

4.13 In relation to print directories, prostitution advertisements larger than 253mm inlength and 215mm in width are not permitted.

4.14 Print media advertisements (other than advertisements in print directories,
which are addressed separately in 4.13) larger than half a page in size are not
permitted unless the advertisement has been provided for under these
guidelines or has been approved by the PLA.
Note: Larger sized advertisements are allowed provided they have been submitted to the PLA for consideration and have approval from the PLA.

Content
4.15 Advertisers and publishers should consider if a proposed word or phrase could be construed as offensive to reasonable community standards (publishers should think in terms of their average reasonable readership) and if it is the case that it can be construed as offensive the word or phrase should be rejected.

4.16 Advertisements describing or referring to body fluids or body waste are not permitted. Example: tasty, juicy, sweet nectar, dripping wet, cum, lactating, Mistress Squirt A Lot, pee and the like.

4.17 The only description of genitals that is permissible is in relation to whether a male has been circumcised. In this respect, the only acceptable words are “cut” and “uncut”. All other descriptions of genitals are prohibited. Example: length of penis.

4.18 “Genitals” have their ordinary dictionary meaning. That is, a reference to the reproductive organs.

4.19 Advertisements referring to drugs and drug use are prohibited.
Note: References to “drug free” are allowed.

4.20 Section 93(1) of the Act specifies that advertisements for prostitution must not describe the services offered.
Note 1: References to nationality are only allowed if they refer to the nationality of the sex worker. For example – “Greek Goddess”, “Spanish Beauty”, “Asian Stunner”, “French Supermodel”, etc.
Note 2: References to sexuality are allowed. For example – gay, transgender, sex change, she-male, female impersonator, bi-sexual, etc.
Note 3: Prostitution advertisements which include pictures of tools of trade for Bondage & Discipline, Sadism & Masochism and Cock and Ball Torture services are prohibited in general publications. Approval for such pictures on websites or in classifiable publications must be sought from the PLA. For example, photos including whips, etc must have the approval of the PLA.
Note 4: Words that do not directly describe the services offered may be used in a prostitution advertisement. Example: fetish, fantasy, role play, sensual touch, exotic relaxation, magic hands, stress relief, girlfriend experience, rejuvenating, sensuous service, Mistress, Master, Submissive, passive, dominatrix, double pleasures (brothels only), intimate touch/es, kinky, hard core, man action and straight-acting.

4.21 Advertisements must not imply that sex workers are under the age of 18 years, or are virgins.
For example: “young”, “student”, “girl”, “boy”, “fresh”, “newcomer to the industry”, “chick”, “beginner” and “never been touched” are prohibited.
Note 1: The use of the words “young”, “student”, “girl”, “boy”, or “chick” is permissible when used in conjunction with an age that is at least 18, because it makes explicit that the sex worker is at least 18 years of age.
For example: 22 year old student, or 18+ girl.
Note 2: As a description of self, the word “youthful” may be used in a combination of words not intended to imply that a sex worker is under the age of 18 years, or a virgin. For example, “youthful looking 40 year old”.

4.22 Brothel advertisements which include mobile phone numbers are prohibited unless the mobile phone number refers to an automated SMS text message service.

4.23 Prostitution advertisements which contain an image (including caricatures or cartoons) of a person, which render that person child-like in appearance, are prohibited, unless immediately accompanied by a statement that the person depicted is at least 18 years of age.

4.24 Brothel advertising is prohibited unless:
a)    the advertisement includes the name of the licensed brothel as it appears on the brothel licence; or
b)    the name of the brothel; and
c)    the name of the licensed brothel/brothel is prominent.

4.25 Advertisements referring to discount offers at brothels are not permitted unless the advertisement explicitly states that the discount is in respect of room hire only. See also 5.3.

Unlawful activity
4.26 Advertisements which imply that unsafe sex (that is, sexual intercourse or oral sex without the use of a prophylactic) will be provided are prohibited.
For example: use of words “natural”, “bareback”, “basic”, “skin to skin”, “kissable”, and the like are prohibited.
Note 1: References to natural are only allowed as a physical description of self. Example: “natural blonde” or “natural 36DD bust”.
Note 2: Advertisements which include statements about safe sex are allowed. Example: safe sex practices only or condoms must always be used.

4.27 Advertisements which may hold out or include a statement intended or likely to induce a person to seek employment as a prostitute are prohibited, in accordance with s. 94 of the Act.

4.28 Advertisements for brothel staff are prohibited unless they include the title of the position, and are published in the positions vacant/employment section or the equivalent. The position title must not imply that the position is for a sex worker.  For example, the use of the word ‘hostess’ is prohibited.

4.29 Prostitution advertisements which infer that prostitutes do not have a choice in the services they provide are prohibited.

4.30 Consistent with s. 95(1) of the Act, any prostitution advertisement that states directly or indirectly that the person’s business is connected with or provides massage services, is prohibited. “Business” of a person means the business of a licensed brothel or of an individual prostitute. References to professional memberships or qualifications in massage or massage therapies are prohibited.
Note: By way of example, the following words are acceptable: sensual touch, intimate touch, exotic relaxation, magic hands, stress relief, rejuvenating, rejuvenating experience, rejuvenating treatment, sensuous service, quality treatment, quality relaxation, quality rejuvenation, quality care, relaxing treatment, relaxing experience, soothing treatment, caring experience.

4.31 Brothel advertisements must not directly or indirectly state that the brothel is associated with escort services. Brothel web sites which appear on a host web site advertising escort services must not hold out or claim that escorts services are available from the brothel. This is consistent with the prohibition on escort services (out calls) from licensed brothels under s. 78(1)(a) of the Act.

4.32 Brothel advertisements which imply that more sex workers are available at any one time than the law permits in Queensland are not permitted. Section 78(2) of the Act limits the number of sex workers who can be at a licensed brothel, dependant on the number of rooms. Under Schedule 3 of the Act, if there is one room the maximum number of sex workers allowed is two, if it is two rooms it is three sex workers, if it is three rooms it is four sex workers, if it is four rooms it is six sex workers, and if it is five rooms it is eight sex workers.

4.33 Sole operator advertisements which imply that more than one sex worker is available are prohibited.

Images- All advertising
4.34 Advertisements must not contain an image of the following:

5. SPECIFIC INFORMATION FOR PRINT PUBLICATIONS
5.1 Print publications include newspapers, magazines, print directories, newsletters, brochures, flyers and other printed publications for general distribution.

5.2 Only prostitution advertisements appearing in classifiable publications may contain images of bare breasts. Such images are prohibited in general print publications.

5.3 Print publications must not contain the price of sexual services.
Example: $160 per half hour or $200 per hour.

6. SPECIFIC INFORMATION FOR PRINT DIRECTORY ADVERTISEMENTS
6.1 Prohibitions described by section 4 apply.
6.2 For sole operator sex workers, advertisements in print directories may be placed under a heading which relates to adult entertainment and services, or escort services.
6.3 Escort services from brothels are illegal in Queensland. Accordingly, it is prohibited for brothel advertisements to appear under a heading that is used exclusively for escort services because it could be taken to imply that escorts are available from brothels. Advertisements for brothels should appear under a heading which relates to adult entertainment and services, or a heading which is not used exclusively for escort services.
6.4 Print directory advertisements larger than 253mm in length and 215mm in width are prohibited.

7.    SPECIFIC INFORMATION FOR BUSINESS CARDS
7.1 Prohibitions described by section 4 apply.
7.2 Business cards must be no larger than 90mms x 55mms.
7.3 Licensed brothels only: Business cards may only advertise the brothel name, brothel address, phone number, fax number, approved by-line or logo, e-mail or web address. Business cards may also include a small map of the surrounding area and access roads.
Note: Other information may be allowed on business cards provided that it has been considered and approved by the PLA.

8.    SPECIFIC INFORMATION FOR MERCHANDISING
8.1 Prohibitions described by section 4 apply.
8.2 Merchandise, and corporate gifts including clothing and items of property such as mugs, pens, stress balls, etc. may only be distributed from the licensed brothel premises, and 18+ adult entertainment venues or events. Example: Sexpo, adult shops, and strip clubs.
8.3 The only information permitted to appear on these items is the brothel name, brothel address, brothel website address and land line phone number/s.
Note: Other information may be allowed provided that it has been considered and approved by the PLA.
9.    SPECIFIC INFORMATION FOR INTERNET ADVERTISING
9.1 Prohibitions described by section 4 apply.
9.2 A prostitution website is a website concerned wholly or mainly with prostitution advertising. For example, a website for a licensed brothel.
9.3 For the purpose of these guidelines, the entire content of a prostitution website is taken to be an advertisement for prostitution, and accordingly must be in the approved form.
9.4 Prostitution websites must indicate that they are restricted to persons who are 18 years or over.
9.5 Only prostitution advertisements on the internet may state the sexual services that WILL NOT be provided. Example: no anal sex, no full service.

10.    SPECIFIC INFORMATION FOR AUTOMATED AND UNSOLICITED SMS TEXT MESSAGE ADVERTISING
10.1 Prohibitions described by section 4 apply.
10.2 Automated and unsolicited prostitution advertising sent via SMS text message
must be in the approved form and comply with these guidelines.

11.    OTHER PROSTITUTION ADVERTISEMENTS
11.1 All other prostitution advertisements not dealt with under these guidelines must be submitted to the PLA for consideration prior to publication.

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[1]               Kelsey v Hill [1995] 1 QdR 182 at 183.
[2]               See section 229E Criminal Code Qld
[3]               See Section 73 Prostitution Act 1999 (Qld)
[4]               See Section 229H Criminal Code
[5]               See ss 229I, 229K Criminal Code Qld
[6]               See section 77A Prostitution Act 1999 (Qld)
[7]               Ibid
[8]               See Section 77A(1) Prostitution Act 1999 (Qld)
[9]               See Section 76 Prostitution Act 1999 (Qld)
[10]             See Section 77 Prostitution Act 1999 (Qld)
[11]             See Section 93 Prostitution Act 1999 (Qld)
[12]             See Section 95 Prostitution Act 1999 (Qld)