Legislation Affecting The Sex Industry

Sex Work Decriminalisation Act 2022 (Vic)

Sex Work Act 1994 (Vic)

(all statutory sections relate to the sex industry. This Act will be repealed on 1 December 2023)

Crimes Act 1958 (Vic)

(Only ss 60AB – AE relate to the sex industry)

Summary Offences Act 1966 (Vic)

(Only s 18 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 This will be repealed on 1 December 2023)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 This will be repealed on 1 December 2023)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)

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)

Banking Code of Practice

Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)

(s 235 relates to money laundering used to justify financial discrimination)

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)

Planning and Environment Act 1987 (Vic)

(only s 126 relates to the location of brothels)

Victorian Planning Provisions

(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 )

Copyright Act 1968 (Cth)

(ss248G, 248P and 195ALB apply to copyright of content created online for OnlyFans or other similar platforms)

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)

Jobactive Deed

(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)

Criminal Code Act 1995 (Cth)

(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 Law Reform Victoria 2022

Last updated: 24 May 2022