Legislation Affecting The Sex Industry
Sex Work Decriminalisation Act 2022 (Vic)
(all statutory sections relate to the sex industry. This Act will be repealed on 1 December 2023)
(Only ss 60AB – AE relate to the sex industry)
Summary Offences Act 1966 (Vic)
(Only ss 38A-B relates to the sex industry)
Summary Offences Regulations 2022 (Vic)
Public Health and Wellbeing Act 2008 (Vic)
(Only ss 158 – 165 relate to the sex industry)
Sex Work Regulations 2016 (Vic)
(All statutory sections relate to the sex industry. This will be repealed on 1 December 2023)
Sex Work (Fees) Regulations 2014 (Vic)
(All statutory sections relate to the sex industry. This will be repealed on 1 December 2023)
Public Health and Wellbeing Regulations 2019 (Vic)
(regulation 114 relates to sex work)
Consent and Sexual Assault Legislation
Justice Legislation Amendment (Sexual Offences and Other Matters) Bill 2022 (Vic)
(clause 5 relates to sex work. This clause will be enacted no later than 30 July 2022)
Consent and Sexual Assault Legislation
Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 (Vic) (section 5 relates to sex work. This section will be enacted no later than 30 July 2023).
Privacy and Data Protection Act 2014 (Vic)
(Under Schedule 1, ‘sexual preferences or practices’ are defined as ‘sensitive information’ under privacy law. Sexual practices are likely to include sex work status, or status as a client of sex workers)
Equal Opportunity Act 2010 (Vic)
(only s6 relates to the sex industry)
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
(s 235 relates to money laundering used to justify financial discrimination). s 6 defines which companies have to comply with this Act)
Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1)
ePayment Code (Effective from 29 March 2016)
(clauses 27 – 34 relate to the process by which financial institutions can reverse payments to a bank account)
(sections 12BF and 12BG relate to unfair contract terms)
Planning and Environment Act 1987 (Vic)
(only s 126 relates to the location of brothels)
(lays out where brothels can operate. Identifies restrictions on home based businesses. See clauses 52.11-2, 73.03, 73.04-11, 73.04-12 and 74.04-11. These clauses will be amended on 1 December 2023 )
(Part 9 relates to some forms of pornography)
Classification (Publications, Films and Computer Games) Act 1995 (Cth)
Broadcasting Services Act 1992 (Cth)
(Schedules 5 and 7 relate to pornography)
Guidelines for the Classification of Films 2012
(R18+, X18+ and Refused Classification relate to pornography)
Guidelines for the Classification of Publications 2005
(Unrestricted, Category 1, Category 2 and Refused Classification relate to pornography)
(see Schedule 2)
Australian Advertising Standards Authority
Classification (Publications, Films and Computer Games) Act 1995 (Cth)
(ss248G, 248P and 195ALB apply to copyright of content created online for OnlyFans or other similar platforms)
Occupational Health and Safety Act 2004 (Vic)
(Applies to escort agencies and brothels)
Occupational Health and Safety Regulations 2017 (Vic)
(Applies to escort agencies and brothels)
Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019
(Introduces workplace manslaughter laws)
Liquor Control Reform Act 1998 (Vic)
(This Act will only apply to sex work, after sex work is decriminalised in Victoria on 1 December 2023. Liquor licensing laws already apply to strip clubs)
(See Annexure A1 – Definitions. Page 100, definition of ‘unsuitable’. Alternatively, simply search the document for the key word ‘nudity’. Jobseekers are prevented from obtaining work in the sex industry or adult industry as such work, while potentially legal, is unrecognised by the Department of Social Services)
National Disability Insurance Scheme Act 2013 (Cth)
(s35 give the Federal Government the power, in the future, to exclude sex work as type of support offered by the NDIS scheme)
(Please note that while each state has its own set of laws relating to sex work, human trafficking laws are federal laws and therefore apply to all states. This Act contains all human trafficking related offences including sexual slavery, servitude, forced labour, deceptive recruiting, debt bondage, trafficking of adults and trafficking of children. See ss 270.1A – 271.7)
Sex Work and Other Acts Amendment Act 2011
Sex Work Amendment Regulations 2017 (Vic)
(Minor administrative changes to the regulations)
Consumer Legislation Amendment Act 2019 (Vic)
(ss 100-102 make minor administrative changes to the Sex Work Act)
(Allows some anti-discrimination law disputes to be heard in the Magistrates’ Court of Victoria)
Independent Contractors Act 2006 (Cth)
Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth))
(Provisions relating to unfair contract terms)
Australian Securities and Investment Commission Act 2001 (Cth)
(Provisions relating to unfair contract terms)
Competition and Consumer (Class Exemption— Collective Bargaining) Determination 2020
(allows groups of sole trader sex workers to bargain with a single larger business after notifying the Australian Competition and Consumer Commission)
Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth)
(introduces civil penalties for unfair contract terms in standard form contracts after 10 November 2023)
© Sex Work Law Reform Victoria 2023
Last updated: 25 April 2023