Statutes Amendment (Sex Industry—Exit Strategies and Spent Convictions) Bill 2024 (SA)

South Australia Statutes Amendment (Sex Industry—Exit Strategies and Spent Convictions) Bill 2024 A Bill For An Act to amend the Spent Convictions Act 2009 and the Summary Offences Act 1953.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Spent Convictions Act 2009 3 Amendment of section 3—Preliminary 4 Amendment of section 5—Scope of Act 5 Insertion of section 8D 8D Spent conviction for prescribed prostitution offences 6 Amendment of Schedule 1—Exclusions 7 Amendment of Schedule 2—Provisions relating to proceedings before a qualified magistrate Part 3—Amendment of Summary Offences Act 1953 8 Amendment of section 4—Interpretation 9 Insertion of section 21X 21X Interpretation 10 Amendment of section 25—Soliciting 11 Amendment of section 25A—Procurement for prostitution 12 Amendment of section 26—Living on the earnings of prostitution 13 Insertion of section 26AA 26AA Certain persons may apply to Minister for assistance to exit sex industry 14 Amendment of section 27—Interpretation 15 Amendment of section 28—Keeping and managing brothels

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Statutes Amendment (Sex Industry—Exit Strategies and Spent Convictions) Act 2024. 2—Commencement This Act comes into operation 3 months after the day on which it is assented to by the Governor.

Part 2—Amendment of Spent Convictions Act 2009 3—Amendment of section 3—Preliminary (1) Section 3(1)—after the definition of overseas jurisdiction insert: prescribed prostitution offence means— (a) an offence against section 25 of the Summary Offences Act 1953 where the convicted person accosted or solicited another person for the purposes of providing that other person with sex in exchange for payment; or (b) an offence against section 28(1) of the Summary Offences Act 1953, provided that the offence was committed by a person in circumstances where— (i) the brothel the subject of the offence was the person's primary residence; and (ii) the person personally provided sex in exchange for payment in the brothel; and (iii) not more than 2 persons provided sex in exchange for payment in the brothel at any 1 time; or (c) an offence against section 28(1)(b) of the Summary Offences Act 1953, provided that the offence was committed by a person who received the money for personally providing sex in exchange for payment in the brothel the subject of the offence; (2) Section 3—after subsection (8) insert: (9) For the purposes of the definition of prescribed prostitution offence— (a) payment and sex have the same respective meanings as in Part 5 of the Summary Offences Act 1953; and (b) brothel and premises have the same respective meanings as in Part 6 of the Summary Offences Act 1953. 4—Amendment of section 5—Scope of Act Section 5(1)—after paragraph (d) insert: (e) a conviction for a prescribed prostitution offence. 5—Insertion of section 8D After section 8C insert: 8D—Spent conviction for prescribed prostitution offences (1) A conviction for a prescribed prostitution offence is spent if, on application by the convicted person in accordance with this section, a qualified magistrate makes an order that the conviction is spent. (2) An application for an order under this section must— (a) be made in a manner and form determined by the Chief Magistrate; and (b) include— (i) the applicant's full name, date of birth, address and contact details; and (ii) details about the offence to which the application relates, including— (A) the name of the court where the conviction was recorded; and (B) the date on which the conviction was recorded; and (iii) a copy of any transcript or sentencing remarks made in connection with the conviction that are in the possession of the applicant; and (iv) information that demonstrates that the applicant has exited the sex industry, and may include any other information that the applicant would like to submit in support of the application. (3) No fee is payable in respect of an application made under this section. (4) Schedule 2 applies to an application under this section and to proceedings on an application. (5) A qualified magistrate— (a) must make an order under this section if satisfied that the convicted person has exited the sex industry; and (b) must not make an order under this section unless satisfied that the convicted person has exited the sex industry. (6) For the purposes of this section, a person will have exited the sex industry if (and only if) the person— (a) no longer provides sex in exchange for payment, and has not provided sex in exchange for payment for a period of at least 3 months before the date of the application; and (b) no longer engages in conduct that constitutes an offence against section 25, 25A or 28 of the Summary Offences Act 1953, and has not engaged in such conduct for a period of at least 3 months before the date of the application; and (c) has demonstrated an intention not to do a thing described in a preceding paragraph at any time in the future; and (d) has made an application to the Minister under section 26AA of the Summary Offences Act 1953. 6—Amendment of Schedule 1—Exclusions Schedule 1, clause a1(1)—after paragraph (c) insert: (d) does not apply in relation to a prescribed prostitution offence that is spent under section 8D. 7—Amendment of Schedule 2—Provisions relating to proceedings before a qualified magistrate Schedule 2, clause 1, definition of spent conviction order—delete "or 8C" and substitute: , 8C or 8D